S*0283(Rat #0486, Act #0417 of 1984)  General Bill, By Senate Judiciary

Similar(S 167)
 A Bill to amend Section 42-9-10, as amended, Code of Laws of South Carolina,
 1976, relating to the amount of Workers' Compensation for total disability,
 the five hundred week limitation on compensation, and the definition of "total
 and permanent disability", so as to provide an exception to the five hundred
 week limitation for 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 and provide that this
 person shall receive the benefits for life, and to provide that no total lump
 sum payment may be ordered by the Industrial Commission in any case under
 Section 42-9-10 where the injured person is entitled to lifetime
 benefits.-amended title

   03/02/83  Senate Introduced, read first time, placed on calendar
                     without reference SJ-595
   03/15/83  Senate Read second time SJ-709
   03/17/83  Senate Amended SJ-749
   03/17/83  Senate Read third time and sent to House SJ-749
   03/17/83  House  Introduced and read first time HJ-1593
   03/17/83  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-1593
   05/31/83  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-3265
   06/02/83  House  Objection by Rep. P. Bradley, McLellan, Sheppard
                     & Hearn HJ-3463
   05/09/84  House  Amended HJ-2993
   05/09/84  House  Read second time HJ-2994
   05/16/84  House   Read third time HJ-3117
   05/16/84  House  Returned HJ-3117
   05/22/84  Senate House amendment amended SJ-1879
   05/22/84  Senate Returned SJ-1880
   05/23/84  House  Debate adjourned on amendments HJ-3281
   05/23/84  House  Reconsidered HJ-3281
   05/23/84  House  Concurred in Senate amendment and enrolled HJ-3281
   05/29/84         Ratified R 486
   05/31/84         Signed By Governor
   05/31/84         Effective date 05/31/84
   05/31/84         Act No. 417
   06/13/84         Copies available

AN ACT TO AMEND SECTION 42-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR TOTAL DISABILITY, THE FIVE HUNDRED WEEK LIMITATION ON COMPENSATION, AND THE DEFINITION OF "TOTAL AND PERMANENT DISABILITY", SO AS TO PROVIDE AN EXCEPTION TO THE FIVE HUNDRED WEEK LIMITATION FOR 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 AND PROVIDE THAT THIS PERSON SHALL RECEIVE THE BENEFITS FOR LIFE, AND TO PROVIDE THAT NO TOTAL LUMP SUM PAYMENT MAY BE ORDERED BY THE INDUSTRIAL COMMISSION IN ANY CASE UNDER SECTION 42-9-10 WHERE THE INJURED PERSON IS ENTITLED TO LIFETIME BENEFITS.

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

Weekly compensation

SECTION 1. Section 42-9-10 of the 1976 Code, as last amended by Act 500 of 1978, is further amended to read:

"Section 42-9-10. 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 twenty-five dollars a week nor more than the average weekly wage in this State for the preceding fiscal year and in no case may the period covered by the compensation exceed five hundred weeks except as hereinafter provided.

The loss of both hands, arms, feet, legs, or vision in both eyes, or any two thereof, 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 such 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."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.