South Carolina General Assembly
111th Session, 1995-1996

Bill 133


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       133
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950110
Primary Sponsor:                   Mitchell 
All Sponsors:                      Mitchell, Washington 
Drafted Document Number:           RES9472.TWM
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Workers' compensation
                                   awards



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19950110  Introduced, read first time,             11 SJ
                  referred to Committee
Senate  19941003  Prefiled, referred to Committee          11 SJ

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEAL OF WORKERS' COMPENSATION AWARDS, SO AS TO PROVIDE THAT PAYMENTS ON THE AWARD MUST BE MADE PENDING THE APPEAL AND TO PROVIDE REASONABLE COSTS AND REASONABLE ATTORNEY'S FEES TO THE PREVAILING PARTY.

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

SECTION 1. Section 42-17-60 of the 1976 Code is amended to read:

"Section 42-17-60. The award of the commission, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon such review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice to be of the award sent by registered mail of the award, but not thereafter, may appeal from the decision of the commission to the court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, for errors of law under the same terms and conditions as govern appeals in ordinary civil actions. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission on questions of law, the The appeal does not operate as a supersedeas and thereafter the employer is required to make payment of the award involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title. The prevailing party on appeal is entitled to reasonable costs and reasonable attorney's fees."

SECTION 2. This act takes effect upon approval by the Governor.

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