S*253 Session 108 (1989-1990)
S*0253(Rat #0116, Act #0070 of 1989) General Bill, By Leatherman, Land and
Saleeby
A Bill to amend Section 42-17-40, Code of Laws of South Carolina, 1976,
relating to Workers' Compensation, conduct of hearing, and award, so as to
provide a procedure for the hearing and determination of claims of members of
the Workers' Compensation Commission, members of their families, or employees
of the Commission, except claims involving medical benefits only.
01/25/89 Senate Introduced and read first time SJ-4
01/25/89 Senate Referred to Committee on Judiciary SJ-4
02/15/89 Senate Committee report: Favorable Judiciary SJ-6
02/28/89 Senate Amended SJ-19
02/28/89 Senate Read second time SJ-19
02/28/89 Senate Ordered to third reading with notice of
amendments SJ-19
03/02/89 Senate Amended SJ-15
03/02/89 Senate Read third time and sent to House SJ-15
03/07/89 House Introduced and read first time HJ-15
03/07/89 House Referred to Committee on Labor, Commerce and
Industry HJ-15
04/20/89 House Committee report: Favorable Labor, Commerce and
Industry HJ-9
04/25/89 House Read second time HJ-214
04/26/89 House Read third time and enrolled HJ-19
05/04/89 Ratified R 116
05/10/89 Signed By Governor
05/10/89 Effective date 05/10/89
05/10/89 Act No. 70
05/26/89 Copies available
(A70, R116, S253)
AN ACT TO AMEND SECTION 42-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO WORKERS' COMPENSATION, CONDUCT OF HEARING, AND AWARD, SO AS TO
PROVIDE A PROCEDURE FOR THE HEARING AND DETERMINATION OF CLAIMS OF MEMBERS OF THE
WORKERS' COMPENSATION COMMISSION, MEMBERS OF THEIR FAMILIES, OR EMPLOYEES OF THE
COMMISSION, EXCEPT CLAIMS INVOLVING MEDICAL BENEFITS ONLY.
Be it enacted by the General Assembly of the State of South Carolina:
Claims of commissioners, family members, employees; exception
SECTION 1. Section 42-17-40 of the 1976 Code is amended to read:
"Section 42-17-40. (A) The commission or any of its members shall hear
the parties at issue and their representatives and witnesses and shall determine
the dispute in a summary manner. The award, together with a statement of the
findings of fact, rulings of law, and other matters pertinent to the questions
at issue, must be filed with the record of the proceedings and a copy of the
award must immediately be sent to the parties in dispute. The parties may be
heard by a deputy, in which event he shall swear or cause the witnesses to be
sworn and shall transmit all testimony to the commission for its determination
and award.
(B) In the event any commissioner or any member of his family residing in the
commissioner's household or any employee of the Workers' Compensation Commission
receives an injury in the course of employment, the case must be heard and
determined by the circuit court judge in the county in which the injury occurred.
The clerk of court shall docket these cases in the file book for the court of
common pleas and these cases must be heard in that court. These cases may be
called up for trial out of their order by either party. An appeal from an order
of the circuit court judge, pursuant to this subsection, is to the Supreme Court
of South Carolina, and notice of appeal must be given within fourteen days from
the date the order of the circuit court judge is received by the parties. If the
order is not appealed, payment must be made as provided in Section 42-17-60.
However, this subsection does not apply with respect to claims involving medical
benefits only; for claims solely involving medical benefits, subsection (A)
applies."
Time effective
SECTION 2. This act takes effect upon approval by the Governor. |