S 0363 General Bill, By M.T. Rose
 A Bill to amend Section 42-9-10, Code of Laws of South Carolina, 1976,
 relating to the amount of Workers' Compensation for total disability and what
 constitutes total disability, so as to abolish the limitation of five hundred
 weeks on the payment of compensation in cases of total and permanent
 disability, and to make applicable certain provisions of the Section to
 persons who are hemiplegic.

   12/10/90  Senate Prefiled
   12/10/90  Senate Referred to Committee on Judiciary
   01/08/91  Senate Introduced and read first time SJ-122
   01/08/91  Senate Referred to Committee on Judiciary SJ-122

A BILL

TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR TOTAL DISABILITY AND WHAT CONSTITUTES TOTAL DISABILITY, SO AS TO ABOLISH THE LIMITATION OF FIVE HUNDRED WEEKS ON THE PAYMENT OF COMPENSATION IN CASES OF TOTAL AND PERMANENT DISABILITY, AND TO MAKE APPLICABLE CERTAIN PROVISIONS OF THE SECTION TO PERSONS WHO ARE HEMIPLEGIC.

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. 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 The period covered by the compensation exceed five hundred weeks except as hereinafter provided is the actual period of the total and permanent disability, without limitation, regardless of any other provision of law.

The loss of both hands, arms, feet, legs, or vision in both eyes, or any two thereof of these, 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 A person determined to be totally and permanently disabled who as a result of a compensable injury is a paraplegic, a hemiplegic, a quadriplegic, 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."

SECTION 2. This act takes effect upon approval by the Governor and applies to any injury for which compensation was paid as of October 1, 1990, or at any time after that date.