S.C. Code § 44-135-10
Citation of act
This act may be cited as the "Asbestos and Silica Claims Procedure Act of 2006".
South Carolina Code Title 44, Chapter 135 — The Asbestos and Silica Claims Procedure Act of 2006
South Carolina · statute · S.C. Code tit. 44, ch. 135 · 11 active provisions
S.C. Code § 44-135-20
Findings
(A) The General Assembly finds that: (1) asbestos is a mineral that was widely used prior to the 1980's for insulation, fire-proofing, and other purposes; (2) millions of American workers and others were exposed to asbestos, especially during and after World War II, at shipyards such as those that operated in the South…
S.C. Code § 44-135-30
Definitions
For purposes of this chapter: (1) "Asbestos" means all minerals defined as " asbestos" in 29 CFR 1910, as and if amended. (2) "Asbestos claim" means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the health effects of exposure to asbestos, i…
S.C. Code § 44-135-40
Pulmonary function testing; qualifications of evaluating physician
Pulmonary function testing required by this chapter must be interpreted by a physician who is: (1) licensed in this State or another state of the United States; and (2) board certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical rep…
S.C. Code § 44-135-50
Prerequisites to bringing asbestos claim; medical, occupational, and exposure reports; admissibility
(A) No person shall have an asbestos claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in an asbestos claim in this State, in the absence of a prima facie showing of asbestos-related malignancy or impairment as shown by service on each defendant of the inform…
S.C. Code § 44-135-60
Prerequisites to bringing silica claim; medical reports; admissibility
(A) No person shall have a silica claim placed on any active trial roster in this State, or brought to trial in this State, or conduct discovery in a silica claim in this State, in the absence of a prima facie showing of impairment as shown by service on each defendant of a report by a physician who is board certified…
S.C. Code § 44-135-70
Service of reports on defendants
(A) In order to have an asbestos or silica claim placed on any active trial docket in this State, or brought to trial in this State, or conduct discovery in an asbestos or silica claim in this State, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appe…
S.C. Code § 44-135-80
Procedure where claimant fails to provide prima facie evidence with complaint; expedited trial date for claimant with diagnosis of mesothelioma
(A) In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pursuant to this act. In an action where the claimant either fails to provide such prima facie e…
S.C. Code § 44-135-90
Effect of bankruptcy
Nothing in this act is intended to, and nothing in this act shall be interpreted to: (1) affect the rights of any party in bankruptcy proceedings; or (2) affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust establishe…
S.C. Code § 44-135-100
Effect of meeting procedural requirements of act on insurance eligibility or cost
An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use the fact that a person has met the procedural requirements of this act to reject, deny, limit, cancel, refuse to renew, increase the pre…
S.C. Code § 44-135-110
Commencement of limitations period; separation of malignant and nonmalignant claims
(A) Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this chapter, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the…