Current Status Introducing Body:Senate Bill Number:97 Primary Sponsor:Land Type of Legislation:GB Subject:Workers' compensation, late or unpaid installments Computer Document Number:OLDVS/LIBX/2330 Introduced Date:Sep 17, 1990 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Prefiled and temporarily assigned S.97, Withdrawn prior to Introduction Scope of Legislation:Statewide All Sponsors:Land Type of Legislation:General Bill
Bill Body Date Action Description CMN
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97 Senate Jan 08, 1991 Prefiled and temporarily
assigned S.97, Withdrawn
prior to Introduction
97 Senate Sep 17, 1990 Prefiled, referred to 12
Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO INCREASE THE PENALTY FOR LATE OR UNPAID INSTALLMENTS OF COMPENSATION FROM TEN PERCENT TO TWENTY-FIVE PERCENT, DELETE PROVISIONS, AND ADD PROVISIONS REGARDING THE PROCEDURE FOR HANDLING LATE OR UNPAID INSTALLMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-9-90 of the 1976 Code is amended to read:
"Section 42-9-90. If any installment of compensation payable in accordance with the terms of an agreement approved by the Commission without an award is not paid within fourteen days after it becomes due, as provided in S 42-9-230, or if any installment of compensation payable in accordance with the terms of an award by the Commission is not paid within fourteen days after it becomes due, as provided in S 42-9-240, there shall be added to such unpaid installment an amount equal to ten per cent thereof, which shall be paid at the same time as, but in addition to, such installment, unless such nonpayment is excused by the Commission after a showing by the employer that owing to conditions over which he had no control such installment could not be paid within the period prescribed for the payment.
(A) There must be added to unpaid installments of compensation, as defined in subsection (C), an amount equal to twenty-five percent of the unpaid installments of compensation. This amount must be paid at the same time as, and in addition to, the installment unless the employer applies to the commission to be excused from the penalty and shows by a preponderance of the evidence that he could not have taken adequate steps to prevent the payment from arriving late.
(B) Notwithstanding the reason for the late payment or the sufficiency of the showing, no application for excuse may be granted whenever more than two previous payments on the same claim have not been paid when due.
(C) For purposes of subsections (A) and (B), an installment is 'unpaid' or 'late':
(1) if the installment is payable in accordance with the terms of an agreement approved by the commission with or without an award and is not paid within fourteen days after it becomes due, as provided in Section 42-9-230;
(2) in the case of a weekly or bi-weekly installment payable in accordance with the terms of an agreement approved by the commission with or without an award, if the installment is not paid within seven days after it becomes due; or
(3) in the case of a weekly or bi-weekly installment payable in accordance with the terms of an agreement approved by the commission with or without an award, if the installment is not paid within three days after it becomes due and there has been a previous occurrence of an 'unpaid' or 'late' installment on the same claim."
SECTION 2. This act takes effect upon approval by the Governor.