S*0407(Rat #0422, Act #0389 of 1986)  General Bill, By I.E. Lourie, Land and 
J.V. Smith
 A Bill to amend Section 42-9-10, Code of Laws of South Carolina, 1976,
 relating to, among other things, amount of weekly compensation for total
 disability under workers' compensation and what constitutes total and
 permanent disability, so as to change the amount of the minimum weekly payment
 and to provide for the method of computing it.

   03/26/85  Senate Introduced and read first time SJ-1010
   03/26/85  Senate Referred to Committee on Judiciary SJ-1010
   04/17/85  Senate Committee report: Favorable Judiciary SJ-1540
   04/23/85  Senate Read second time SJ-1733
   04/30/85  Senate Read third time and sent to House SJ-1868
   05/01/85  House  Introduced and read first time HJ-2774
   05/01/85  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-2775
   04/09/86  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-2246
   04/16/86  House  Debate adjourned HJ-2382
   04/17/86  House  Read second time HJ-2440
   04/18/86  House  Read third time and enrolled HJ-2464
   04/24/86         Ratified R 422
   04/29/86         Signed By Governor
   04/29/86         Effective date 04/29/86
   04/29/86         Act No. 389
   05/05/86         Copies available

AN ACT TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, AMOUNT OF WEEKLY COMPENSATION FOR TOTAL DISABILITY UNDER WORKERS' COMPENSATION AND WHAT CONSTITUTES TOTAL AND PERMANENT DISABILITY, SO AS TO CHANGE THE AMOUNT OF THE MINIMUM WEEKLY PAYMENT AND TO PROVIDE FOR THE METHOD OF COMPUTING IT.

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

Weekly compensation for total disability

SECTION 1. Section 42-9-10 of the 1976 Code is 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 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.

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 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."

Time effective

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