Bill
H 3163
The bill expands firefighters' workers’ compensation presumption to include stroke and covers conditions developed while on duty during fires, rescues, or training.
Status: Introduced in the South Carolina General Assembly; committee reported favorably with amendment (House Labor, Commerce & Industry). Effective date: upon approval by the Governor.
Purpose
- To expand the workers’ compensation presumption for firefighters by (1) adding stroke to the list of impairments presumed to arise out of employment and (2) broadening the circumstances under which the presumption applies to include conditions developed while actively on duty (not limited to actively fighting fires).
Key provisions
- Amends S.C. Code § 42-11-30(A):
- Adds “stroke” alongside heart disease and respiratory disease as conditions presumed to have arisen out of and in the course of employment for firefighters, creating a rebuttable presumption in favor of compensability unless competent contrary evidence is shown.
- Expands the presumption entitlement criteria so the condition must have developed “while actively on duty” — specified to include:
- Fighting a fire,
- A technical rescue incident, or
- A firefighter training exercise that involves stressful or strenuous physical activity,
- Or within 24 hours of such activity (or within 24 hours from the date of last service in the activity).
- Explicitly excludes the presumption for clerical, administrative, or sedentary activities.
- Maintains prior entry requirements for firefighters who became members after May 29, 1968: under age 37 at entry and a pre-entry physical exam (with a written report filed) showing no evidence of the condition(s).
- Effective upon the Governor’s approval.
Who would be affected
- Bona fide members of municipal, county, state, port authority, or fire control district fire departments in South Carolina.
- Employers (local governments and fire districts), insurers, and self-insured entities responsible for firefighters’ workers’ compensation.
Fiscal and administrative impact
- May increase the number of compensable workers’ compensation claims for firefighters (adding stroke and expanding covered activities).
- South Carolina Revenue & Fiscal Affairs Office (RFA) and the Workers’ Compensation Commission (WCC) indicate WCC can manage any claim increases with existing resources; overall fiscal impact on state and local budgets and on workers’ compensation insurance premiums is uncertain/undetermined.
- Local governments (counties, municipalities) and insurers may face higher claim and premium costs, though the magnitude is not quantified.
Procedural timeline (selected)
- Filed/Introduced: January–April 2025 (committee activity and amendments occurred in April 2025).
- House committee (Labor, Commerce & Industry) reported favorably with amendment (April 9, 2025).
- Read second and third times in the House and sent to the Senate in April 2025.
- Hearing scheduled/rescheduled for September 16, 2025 (per listed actions).
Note about source materials
- The materials provided include an unrelated Massachusetts draft (House No. 3163 / Rep. David Linsky) concerning an income tax deduction for municipal and school fees; that Massachusetts draft is not part of the South Carolina amendment to § 42-11-30 and appears to have been included in error. This summary focuses on the South Carolina occupational-disease amendment.
Compiled from official sources — confirm details with the bill’s official record.
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