South Carolina General Assembly
115th Session, 2003-2004

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Bill 939


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

A BILL

TO AMEND SECTION 42-9-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEDUCTION FROM COMPENSATION OF PAYMENTS MADE BY AN EMPLOYER WHEN NOT DUE AND PAYABLE, SO AS TO PREVENT THE RECOVERY BY INJURED EMPLOYEES OF WAGE-REPLACEMENT DISABILITY BENEFITS UNDER DISABILITY BENEFIT PROGRAMS FUNDED BY THEIR EMPLOYER AND TEMPORARY DISABILITY BENEFITS UNDER THE WORKERS' COMPENSATION ACT FOR THE SAME PERIODS OF TIME.

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

SECTION    1.    Section 42-9-210 of the 1976 Code is amended to read:

"Section 42-9-210.    Any payments funded and made by an employer to an injured employee during the period of his disability, or to his dependents, which by the terms of this Title were not due and payable when made may, during which period of time the employee is determined by the commission to be entitled to disability benefits under this title, is subject to the approval of the commission, and must be deducted from the amount to be paid as compensation;. provided, that In the case of disability, such the deductions shall must be made by shortening the period during which compensation must be paid and not by reducing the amount of the weekly payment."

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

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