South Carolina General Assembly
104th Session, 1981-1982

Bill 2998

                    Current Status

Bill Number:               2998
Ratification Number:       517
Act Number                 415
Introducing Body:          House
Subject:                   Relating to the commencement, suspension
                           and termination of Workers' Compensation
                           payments
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A415, R517, H2998)

AN ACT TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMENCEMENT, SUSPENSION AND TERMINATION OF WORKERS' COMPENSATION PAYMENTS, SO AS TO PROVIDE THAT THE PENALTIES PROVIDED FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE SECTION RELATING TO SUSPENSION OR TERMINATION OF BENEFITS SHALL NOT APPLY WHEN THE EMPLOYEE HAS RETURNED TO ANY EMPLOYMENT AT THE SAME OR SIMILAR WAGE.

Be it enacted by the General Assembly of the State of South Carolina:

Penalty not to apply

Section 1. Section 42-9-260 of the 1976 Code is amended by adding the following proviso before the period at the end of the last paragraph of the section:

";provided, such penalty shall not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."

The section as amended shall read:

"Section 42-9-260. Upon making the first payment, the employer shall immediately notify the Commission, in accordance with a form prescribed by the Commission, that payment of compensation has begun.

The Commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule shall provide for an evidentiary hearing and Commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the Commission shall not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.

Failure to comply with such rule as to termination or suspension of benefits shall result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior Commission approval; provided, such penalty shall not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage".

Time effective

Section 2. This act shall take effect upon the approval by the Governor.