S*145 Session 103 (1979-1980)
S*0145(Rat #0339, Act #0318 of 1980) General Bill, By I.E. Lourie, Land and
D.S. Taylor
A Bill to Amend Code of Laws of South Carolina, 1976, by adding Sections
42-15-95 and 42-5-45, so as to require information compiled by a treatment
facility pertaining directly to a Workmen's Compensation claim to be made
available to specified parties and provide a penalty for wilful failure of an
employer to secure Workmen's Compensation coverage; to amend Sections
42-15-90, 42-3-190, 42-17-10, 42-5-30, 42-19-10, 42-19-20 and 42-19-30, all
relating to administrative procedures under the Workmen's Compensation Law, so
as to delete the requirement for the Industrial Commission to furnish forms to
employers, require commission approval of hospital charges, provide for
adjustment of compensation agreements based on inaccurate computation of
average weekly wages, require insurance carriers to file evidence of an
insured employer's compliance with the Workmen's Compensation Law, require
reports of all accidents requiring medical attention, provide for commission
approval of extension or termination report forms rather than the furnishing
of such forms by the commission and increase the penalty for failure to submit
forms necessary for adjudication of claims.
01/16/79 Senate Introduced and read first time SJ-13
01/16/79 Senate Referred to Committee on Judiciary SJ-13
05/09/79 Senate Committee report: Favorable Judiciary SJ-7
05/30/79 Senate Read second time SJ-17
06/05/79 Senate Read third time and sent to House SJ-8
06/06/79 House Introduced and read first time HJ-2434
06/06/79 House Referred to Committee on Labor, Commerce and
Industry HJ-2435
01/23/80 House Committee report: Favorable Labor, Commerce and
Industry HJ-379
01/31/80 House Debate adjourned HJ-558
02/05/80 House Read second time HJ-622
02/06/80 House Reconsidered HJ-663
02/06/80 House Debate adjourned HJ-663
02/12/80 House Debate adjourned HJ-877
02/13/80 House Debate adjourned HJ-891
02/14/80 House Read second time HJ-939
02/19/80 House Debate adjourned HJ-974
02/20/80 House Read third time and enrolled HJ-1020
02/27/80 Senate Ratified R 339 SJ-28
03/04/80 Signed By Governor
03/04/80 Effective date 03/04/80
03/04/80 Act No. 318
03/14/80 Copies available
(A318, R339, S145)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
42-15-95 AND 42-5-45, SO AS TO REQUIRE INFORMATION COMPILED BY A TREATMENT
FACILITY PERTAINING DIRECTLY TO A WORKMEN'S COMPENSATION CLAIM TO BE MADE
AVAILABLE TO SPECIFIED PARTIES AND PROVIDE A PENALTY FOR WILFUL FAILURE OF AN
EMPLOYER TO SECURE WORKMEN'S COMPENSATION COVERAGE; TO AMEND SECTIONS
42-15-90, 42-3-190, 42-17-10, 42-5-30, 42-19-10, 42-19-20 AND 42-19-30, ALL
RELATING TO ADMINISTRATIVE PROCEDURES UNDER THE WORKMEN'S COMPENSATION LAW, SO
AS TO DELETE THE REQUIREMENT FOR THE INDUSTRIAL COMMISSION TO FURNISH FORMS TO
EMPLOYERS, REQUIRE COMMISSION APPROVAL OF HOSPITAL CHARGES, PROVIDE FOR
ADJUSTMENT OF COMPENSATION AGREEMENTS BASED ON INACCURATE COMPUTATION OF
AVERAGE WEEKLY WAGES, REQUIRE INSURANCE CARRIERS TO FILE EVIDENCE OF AN
INSURED EMPLOYER'S COMPLIANCE WITH THE WORKMEN'S COMPENSATION LAW, REQUIRE
REPORTS OF ALL ACCIDENTS REQUIRING MEDICAL ATTENTION, PROVIDE FOR COMMISSION
APPROVAL OF EXTENSION OR TERMINATION REPORT FORMS RATHER THAN THE FURNISHING
OF SUCH FORMS BY THE COMMISSION AND INCREASE THE PENALTY FOR FAILURE TO SUBMIT
FORMS NECESSARY FOR ADJUDICATION OF CLAIMS.
Be it enacted by the General Assembly of the State of South Carolina:
Information to be made available
Section 1. The 1976 Code is amended by adding:
"Section 42-15-95. All information compiled by any treatment facility
pertaining directly to a workmen's compensation claim shall be made available
to the insurance carrier, the employer, the employee, their attorneys or the
South Carolina Industrial Commission, upon request."
Penalty
Section 2. The 1976 Code is amended by adding:
"Section 42-5-45. Any employer required to secure payment of
compensation under this title who wilfully refuses to secure such compensation
shall be guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than one hundred dollars nor more than one thousand dollars
or by imprisonment for not less than thirty days nor more than six months, or
both, in the discretion of the court."
Fees subject to approval of commission
Section 3. Section 42-15-90 of the 1976 Code is amended by adding "or
hospital" on line three after "physician". The section when
amended shall read:
"Section 42-15-90. Fees for attorneys and physicians and charges of
hospitals for services under this title shall be subject to the approval of
the commission; but no physician or hospital shall be entitled to collect fees
from an employer or insurance carrier until he has made the reports required
by the commission in connection with the case.
Any person who receives any fee or other consideration or any gratuity on
account of services so rendered, unless such consideration or gratuity is
approved by the commission or such court or who makes it a business to solicit
employment for a lawyer or for himself in respect of any claim or award for
compensation shall be guilty of a misdemeanor and, upon conviction thereof,
shall, for each offense, be punished by a fine of not more than five hundred
dollars or by imprisonment not to exceed one year, or by both such fine and
imprisonment."
Commission to prepare forms and literature
Section 4. Section 42-3-190 of the 1976 Code is amended by striking "or
employer" on line two. The section when amended shall read:
"Section 42-3-190. The commission shall prepare, cause to be printed
and upon request furnish, free of charge to any employee, such blank forms and
literature as it shall deem requisite to facilitate or prompt the efficient
administration of this title."
Agreement as to compensation
Section 5. Section 42-17-10 of the 1976 Code is amended to
read:
"Section 42-17-10. If more than seven days after the date of an injury
or at any time in case of death, the employer and the injured employee or his
dependents reach an agreement in regard to compensation under this title, a
memorandum of the agreement in the form prescribed by the commission,
accompanied by a full and complete medical report shall be filed with the
commission within fifteen days after agreement has been reached by the parties
for approval of the commission; otherwise, such agreement shall be voidable by
the employee or his dependents. All such agreements shall be subject to
adjustment and correction as to the compensable rate if subsequent to filing
with the commission it is determined that such rate does not reflect the
correct average weekly wage of the claimant. If approved by the commission,
the memorandum shall for all purposes be enforceable by a court's decree as
specified in this title."
Employer to file evidence of compliance
Section 6. Section 42-5-30 of the 1976 Code is amended to read:
"Section 42-5-30. Every employer accepting the compensation provisions
of this title shall file with the commission, in form prescribed by it,
annually or as often as may be necessary evidence of his compliance with the
provisions of Section 42-5-20 and all others relating thereto. In the event an
employer shall insure his liability under this title with an insurance
carrier, the insurance carrier shall be required to make the necessary
filings."
Employer to keep records of injuries of employees
Section 7. Section 42-19-10 of the 1976 Code is amended to read:
"Section 42-19-10. Every employer shall keep a record of all injuries,
fatal or otherwise, received by any of his employees in the course of their
employment on blanks approved by the commission. Within ten days after the
occurrence and knowledge thereof, as provided in Section 42-15-20, of an
injury to an employee requiring medical or surgical attention, a report
thereof shall be made in writing and mailed to the commission on blanks
approved by the commission for this purpose.
Such report shall contain the name, nature and location of the business of
the employer and the name, age, sex, wages and occupation of the injured
employee and shall state the date and hour of the accident causing injury, the
nature and cause of the injury and such other information as may be required
by the commission."
Employer to make supplementary report
Section 8. Section 42-19-20 of the 1976 Code is amended by striking "to
be procured from" beginning on line four and inserting 'approved
by". The section when amended shall read:
"Section 42-19-20. Upon the termination of the disability of an injured
employee, or if the disability extends beyond a period of sixty days then also
at the expiration of such period, the employer shall make a supplementary
report to the commission on blanks approved by the commission for this
purpose."
Penalties
Section 9. Section 42-19-30 of the 1976 Code is amended to read:
"Section 42-19-30. Any employer or insurance carrier who refuses or
neglects to submit required forms, records and reports as may be necessary for
the proper handling and adjudication of a claim shall be liable for a penalty
of not less than ten dollars nor more than fifty dollars for each refusal or
neglect. The fine provided in this section may be assessed by the commission
in an open hearing with the right of review and appeal as in other
cases."
Time effective
Section 10. This act shall take effect upon approval by the Governor. |