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H. 3359
STATUS INFORMATION
General Bill
Sponsors: Rep. Clyburn
Document Path: l:\council\bills\dka\3136dw05.doc
Introduced in the House on January 25, 2005
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Determination of compensation for an employees total disability
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/25/2005 House Introduced and read first time HJ-10
1/25/2005 House Referred to Committee on Labor, Commerce and Industry
HJ-11
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION FOR DETERMINING COMPENSATION FOR AN EMPLOYEE'S TOTAL DISABILITY, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF TIME THE COMPENSATION MAY NOT EXCEED, DELETE THE EXCEPTION TO THIS LIMITATION, DELETE THE PROHIBITION OF A LUMP SUM AWARD, AND TO PROVIDE THAT A TOTALLY AND PERMANENTLY DISABLED EMPLOYEE SHALL RECEIVE THE BENEFITS FOR LIFE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-9-10 of the 1976 Code is amended to read:
"Section 42-9-10. (A) When the incapacity for work resulting from an injury is total, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent of his average weekly wages, but not less than seventy-five dollars a week so long as this amount does not exceed his average weekly salary; if this amount does exceed his average weekly salary, the injured employee may not be paid, each week, less than his average weekly salary. The injured employee may not be paid more each week than the average weekly wage in this State for the preceding fiscal year. In no case may the period covered by the compensation exceed five hundred weeks except as hereinafter provided.
(B) The loss of both hands, arms, feet, legs, or vision in both eyes, or any two thereof of them, constitutes total and permanent disability to be compensated according to the provisions of this section.
Notwithstanding the five hundred week limitation prescribed in this section or elsewhere in this title, any person determined to be totally and permanently disabled who as a result of a compensable injury is a paraplegic, a quadraplegic, or who has suffered physical brain damage is not subject to the five hundred week limitation and shall receive the benefits for life.
Notwithstanding the provisions of Section 42-9-301, no total lump sum payment may be ordered by the commission in any case under this section where the injured person is entitled to lifetime benefits.
(C) When the incapacity for work resulting from an injury is total, the amount of compensation payable pursuant to this provision shall increase by a percentage equal to the percentage, if any, by which the average weekly wage for the State as determined pursuant to the provisions of Section 42-1-50 exceeds the average weekly wage for the State for the preceding year.
(D) Notwithstanding another limitation prescribed in this title, a person determined to be totally and permanently disabled shall receive the benefits for life."
SECTION 2. This act takes effect upon approval by the Governor.
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