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Current Status Bill Number:View additional legislative information at the LPITS web site.180 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Land All Sponsors:Land Drafted Document Number:l:\s-res\jcl\001comp.jh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Workers' compensation coverage, procedures for exempt employers to opt in or out of; Commission awards History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981216 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND SECTIONS 42-1-380 AND 42-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPT EMPLOYERS OPTING IN OR OPTING OUT OF WORKERS COMPENSATION COVERAGE, SO AS TO SIMPLIFY THE PROCEDURES FOR EXEMPT EMPLOYERS TO OPT IN OR OPT OUT OF SUCH COVERAGE; AND TO AMEND SECTION 42-17-60 OF THE 1976 CODE, RELATING TO CONCLUSIVENESS OF COMMISSION AWARDS, SO AS TO PROVIDE THAT THE APPELLANT MUST GIVE NOTICE TO THE COMMISSION WITHIN THE STATUTORY TIME LIMITS OF ANY NOTICES OF APPEAL, ACTIONS TAKEN, OR ANY COURT ORDERS ISSUED WHICH MAY BEAR UPON THE COMMISSION'S AWARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 42-1-380 and 42-1-390 of the 1976 Code are amended to read:
"Section 42-1-380. Any person employing employees in the State and exempted from the mandatory provisions of this Title title may come in under the terms of this Title title and receive the benefits and be subject to the liabilities of this Title title by filing with the Commission a written notice of his desire to be subject to the terms and provisions of this Title. Any such person shall come under the provisions of this Title and be affected thereby thirty days after the date of such notice purchasing workers' compensation insurance or by operating under an approved self-insurance program.
Section 42-1-390. Any employer who, having elected to come under this title, being at that time exempt from this title, and subsequently desiring to withdraw from under its terms, may give notice in writing either to the Commission that he no longer is under the terms of this title or to his insurer who shall give notice in writing to the Commission that the employer is no longer under the terms of this title. If the insurer does not give the notice to the Commission as required by this section, the insurer shall pay a penalty of one thousand dollars to the Commission which shall be used by the Commission to offset the costs of administering the provisions of Title 42. In the case where the employer gives the notice to the Commission that he no longer is under the terms of this title, the Commission shall, in turn, within thirty days of receipt of the employer's notice, inform the employer, in writing, that he must provide written notification by a date certain to his employees of his withdrawal from the terms of this title; however, no employer is required to so notify his employees unless the Commission informs him he must do so, as required by this section. At the expiration of sixty days from the date of written notice to the Commission the employer no longer is liable under the terms of this title and may be permitted to set up any defense as he may be advised to any action brought against him for personal injury or death by accident to any employee commission by canceling its workers' compensation insurance or self-insurance privileges."
SECTION 2. 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 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. The appellant shall give notice to the commission, within the statutory time limits, of any notices of appeal, actions taken, or orders issued by any circuit court, the court of appeals, or the Supreme Court. In case of an appeal from the decision of the commission on questions of law, 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."
SECTION 3. This act takes effect upon approval by the Governor.
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