Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 932
STATUS INFORMATION
General Bill
Sponsors: Senators Martin, O'Dell and Reese
Document Path: l:\council\bills\dka\3757sd04.doc
Introduced in the Senate on February 10, 2004
Currently residing in the Senate Committee on Judiciary
Summary: Worker's compensation claims; mandatory mediation process for resolving claim disputes
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/10/2004 Senate Introduced and read first time SJ-5 2/10/2004 Senate Referred to Committee on Judiciary SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-3-175 SO AS TO REQUIRE THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO DEVELOP AND IMPLEMENT A MANDATORY MEDIATION PROCESS FOR USE IN RESOLVING A DISPUTE IN A WORKER'S COMPENSATION CLAIM; BY ADDING SECTION 42-9-95 SO AS TO PERMIT THE CESSATION OF PAYMENT OF TEMPORARY DISABILITY BENEFITS DURING ANY PERIOD IN WHICH THE INJURED EMPLOYEE IS UNAVAILABLE FOR WORK DUE TO INCARCERATION, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 42-9-60 AND 42-9-80, RELATING TO COMPENSATION NOT PAYABLE WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR THE WILFULNESS OF EMPLOYEE AND THE BURDEN OF PROOF REGARDING CERTAIN CLAIMS, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT AN INJURED EMPLOYEE'S INJURY OR DEATH WERE PROXIMATELY CAUSED BY INTOXICATION OR THE INFLUENCE OF MARIJUANA OR OTHER CONTROLLED SUBSTANCE WHERE TESTING REVEALS LEVELS OF THE SUBSTANCE AT ISSUE ABOVE CERTAIN LEVELS; AND TO AMEND SECTION 42-17-50, AS AMENDED, RELATING TO THE REVIEW AND REHEARING BY THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE THAT A SINGLE COMMISSIONER'S DECISION OR A DECISION BY THE COMMISSION MUST CONTAIN A FULL AND COMPLETE REPORTING OF THE REASONING AND SUPPORT FOR THE DECISION, AND TO REQUIRE THE PUBLICATION OF THOSE DECISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 42 of the 1976 Code is amended by adding:
"Section 42-3-175. The commission shall establish through regulation a mediation process under which the necessary parties to a worker's compensation claim are required to participate in a mediation in each case in which a hearing is requested. The mediation process must be developed by July 1, 2005."
SECTION 2. Chapter 9, Title 42 of the 1976 Code is amended by adding:
"Section 42-9-95. Payment of temporary disability compensation under this title is suspended during the period of time that the injured employee is unavailable for work due to incarceration in any state, federal, county, or municipal jail or correctional facility; provided that these disability payments shall not be suspended while the employee is incarcerated if they are being redirected for child support payments pursuant to a court-required support order."
SECTION 3. Section 42-9-60 of the 1976 Code is amended to read:
"Section 42-9-60. No Compensation shall be payable is not allowed if the injury or death was occasioned by the intoxication of the employee or by the wilful intention of the employee to injure or kill himself or another."
SECTION 4. Section 42-9-80 of the 1976 Code is amended to read:
"Section 42-9-80. In the event any person claims that the provisions of Sections 42-9-50, 42-9-60 or 42-9-70 are applicable in any case the burden of proof of the facts making any such section applicable shall be upon such person. (A) Compensation is not allowed for an injury or death proximately caused by intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been prescribed lawfully by a physician for the employee and taken in accordance with the prescription.
(1) If the amount of alcohol in the employee's blood within four hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, is eight one-hundredths of one percent or more, it may be inferred that the accident and injury or death were proximately caused by intoxication by alcohol.
(2) If any amount of marijuana or a controlled substance is in the employee's blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, it may be inferred that the accident and injury or death were proximately caused by being under the influence of marijuana or the controlled substance.
(3) If the employee unjustifiably refuses to submit to a reliable, scientific test to determine the presence of alcohol, marijuana, or a controlled substance in an employee's blood, urine, breath, or other bodily substance, it may be inferred that the accident and injury or death were proximately caused by intoxication by alcohol or being under the influence of marijuana or a controlled substance.
(B) With the exception of the inferences set forth above, the burden of proof is upon the party who claims the applicability of this section."
SECTION 5. Section 42-17-50 of the 1976 Code, as last amended by Act 197 of 1989, is further amended to read:
"Section 42-17-50. (A) If an application for review is made to the commission within fourteen days from the date when notice of the award shall have been given, the commission shall review the award and, if good grounds be shown therefor, reconsider the evidence, receive further evidence, rehear the parties or their representatives and, if proper, amend the award. Each commission decision or the decision of a single commissioner shall state separately findings of fact, rulings of law, and other matters pertinent to the questions at issue. Findings of fact and rulings of law must be accompanied by concise and explicit statements of the underlying facts and conclusions supporting the findings. Findings of fact, if provided in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A commission decision or the finding or decision of a single commissioner must be published and made available to the general public.
(B) Each application for commission review must be accompanied by a fee equal to that charged in circuit court for filing a summons and complaint in order to defray the costs of the review. If the commission determines at the conclusion of the review that the appeal was without merit, it may charge, in its sole discretion, the appellant an additional fee not to exceed two hundred fifty dollars."
SECTION 6. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:20 A.M.