Subcommittee advances amended bill expanding compensation presumption for firefighters

The Labor, Commerce and Industry subcommittee advanced House Bill 3163 on Thursday, voting unanimously to adopt an amendment and send the amended bill to the full committee.

The bill amends section 42-11-30 of the South Carolina Workers’ Compensation Act to add stroke to the list of occupational diseases presumed compensable for firefighters and to broaden when the presumption may apply beyond active firefighting.

The committee-approved amendment removed newly proposed “on duty” language and restored the presumption’s focus on firefighting activities while adding two specific additional circumstances that may qualify a cardiac or respiratory event: a firefighter engaging in a technical rescue incident, and a firefighter participating in a training exercise that involves stressful or strenuous physical activity within 24 hours of the event. The amendment also specifies the presumption does not apply to clerical, administrative or sedentary activities.

Erica Wright, representing the Municipal Association of South Carolina, told the subcommittee the association and the Municipal Insurance Trust engaged in the bill’s drafting and supported the amendment. "We support this legislation and really want to thank you for the ability to collaborate," Wright said.

John Baker, director of government relations for the Professional Firefighters Association of South Carolina and an on-duty firefighter, described a member who suffered a heart attack and whose workers’ compensation claim was denied under current law. "No firefighter should have to rely on the generosity of their brothers and sisters to survive after suffering a cardiac event caused by the demands of the job," Baker said, citing firefighter health risks and a NIOSH finding he summarized as showing a high share of line-of-duty deaths are cardiac events.

A representative of the South Carolina Association of Counties noted the association worked on the amendment and supported advancing the bill. Lane Kelly, identified as the association’s workers’ compensation benefits manager, was present and discussed technical drafting with committee counsel.

The subcommittee first voted to adopt the amendment (recorded as unanimous; exact yes/no counts not specified) and then voted to pass the amended bill to the full committee (recorded as unanimous; exact yes/no counts not specified). The motion and second for both votes were announced on the record but individual movers and seconders were not specified in the transcript.

Background and context: the bill touches on the statutory presumption in section 42-11-30 of the South Carolina Workers’ Compensation Act. Supporters said the change would reduce the financial burden on firefighters and their families after life-threatening cardiac or stroke events related to firefighting, and could help recruitment and retention. The amendment narrows the broader "on duty" language that had raised concerns among municipal insurers and counties by tying the presumption to firefighting activities and specific high-stress situations.

The subcommittee chair said the bill will proceed to the full committee for further consideration.