H 5184 General Bill, By Jennings
 A BILL TO AMEND TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
 WORKERS' COMPENSATION, BY ADDING SECTION 42-9-435 SO AS TO INCREASE THE
 COMPENSATION BY TWENTY-FIVE PERCENT IN CASES OF WILFUL OR RECKLESS
 NONCOMPLIANCE WITH REGULATIONS OR ORDERS; TO AMEND SECTION 42-1-160, AS
 AMENDED, RELATING TO DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO
 INCLUDE GRADUAL INJURIES INCURRED BY REPEATED PERFORMANCE OF JOB DUTIES; TO
 AMEND SECTION 42-1-540, RELATING TO TO EXCLUSIVITY OF REMEDY IN WORKERS'
 COMPENSATION, SO AS TO PROVIDE FOR EMPLOYEE RIGHTS AGAINST AN EMPLOYER FOR
 RECKLESS, WILFUL, WANTON, OR INTENTIONAL WRONGDOING; TO AMEND SECTION
 42-1-560, RELATING TO RIGHTS AND REMEDIES AGAINST A THIRD PARTY, SO AS TO
 PROVIDE FOR FORFEITURE OF THE CARRIER'S LIEN ON A RECOVERY WHEN THE CARRIER
 FAILS TO PAY ONE-HALF THE EXPENSES OF PURSUING A THIRD-PARTY AS THE EXPENSES
 ARE INCURRED; TO AMEND SECTION 42-3-20, RELATING TO THE MEMBERSHIP AND DUTIES
 OF THE INDUSTRIAL COMMISSION, SO AS TO CHANGE THE MEMBERSHIP FROM SEVEN TO
 NINE MEMBERS WHO ARE ELECTED BY THE GENERAL ASSEMBLY RATHER THAN APPOINTED BY
 THE GOVERNOR; TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO PROOF OF
 INSURANCE OR ABILITY TO PAY, TO PROVIDE FOR QUALIFICATION AND REGULATION OF
 GROUP SELF-INSURERS BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 42-9-10,
 RELATING TO TOTAL DISABILITY, SO AS TO PROVIDE THAT COMPENSATION FOR TOTAL
 DISABILITY APPLIES REGARDLESS OF THE AVAILABILITY OF OTHER COMPENSATION; TO
 AMEND SECTION 42-9-30, AS AMENDED, RELATING TO A SCHEDULE FOR COMPENSATION FOR
 CERTAIN INJURIES, SO AS TO INCREASE THE PERIODS OF DISABILITY FOR CERTAIN
 INJURIES; TO AMEND SECTION 42-9-40, RELATING TO COMPENSATION FOR HERNIA, SO AS
 TO PROVIDE FOR COMPENSATION FOR TOTAL DISABILITY; TO AMEND SECTION 42-9-390,
 RELATING TO VOLUNTARY SETTLEMENTS SO AS TO PROVIDE PENALTIES FOR FAILURE TO
 MAKE PAYMENTS IN A TIMELY FASHION; TO AMEND SECTION 42-15-60, RELATING TO
 FURNISHING OF MEDICAL TREATMENT AND SUPPLIES BY THE EMPLOYER, SO AS TO REQUIRE
 THAT THEY BE FURNISHED FOR THE LIFETIME OF THE EMPLOYEE; TO AMEND SECTION
 42-15-90, RELATING TO FEES AND CHARGES, SO AS TO PROVIDE CRIMINAL PENALTIES
 FOR A HEALTH CARE PROVIDER WHO DEMANDS PAYMENT BEFORE FINAL ADJUDICATION OF
 THE CLAIM WHO CHARGES AN EXCESSIVE FEE AND TO REQUIRE TIMELY PAYMENT TO A
 HEALTH CARE PROVIDER; TO AMEND SECTION 42-17-60, AS AMENDED, RELATING TO
 APPEAL OF THE COMPENSATION AWARD, SO AS TO PROVIDE FOR AN APPEAL PROCEDURE
 LIKE THE FAMILY COURT APPEAL PROCEDURE LIKE THE FAMILY COURT APPEAL PROCEDURE,
 NOTWITHSTANDING THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 42-17-90,
 RELATING TO CHANGE OF CONDITION, SO AS TO PROVIDE FOR A FORMULA FOR
 DETERMINING ADDITIONAL COMPENSATION; AND TO REPEAL SECTION 42-17-50, RELATING
 TO REVIEW AND REHEARING BY THE INDUSTRIAL COMMISSION.

   05/26/98  House  Introduced and read first time HJ-13
   05/26/98  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-14

A BILL

TO AMEND TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-9-435 SO AS TO INCREASE THE COMPENSATION BY TWENTY-FIVE PERCENT IN CASES OF WILFUL OR RECKLESS NONCOMPLIANCE WITH REGULATIONS OR ORDERS; TO AMEND SECTION 42-1-160, AS AMENDED, RELATING TO DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO INCLUDE GRADUAL INJURIES INCURRED BY REPEATED PERFORMANCE OF JOB DUTIES; TO AMEND SECTION 42-1-540, RELATING TO EXCLUSIVITY OF REMEDY IN WORKERS' COMPENSATION, SO AS TO PROVIDE FOR EMPLOYEE RIGHTS AGAINST AN EMPLOYER FOR RECKLESS, WILFUL, WANTON, OR INTENTIONAL WRONGDOING; TO AMEND SECTION 42-1-560, RELATING TO RIGHTS AND REMEDIES AGAINST A THIRD PARTY, SO AS TO PROVIDE FOR FORFEITURE OF THE CARRIER'S LIEN ON A RECOVERY WHEN THE CARRIER FAILS TO PAY ONE-HALF THE EXPENSES OF PURSUING A THIRD-PARTY AS THE EXPENSES ARE INCURRED; TO AMEND SECTION 42-3-20, RELATING TO THE MEMBERSHIP AND DUTIES OF THE INDUSTRIAL COMMISSION, SO AS TO CHANGE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS WHO ARE ELECTED BY THE GENERAL ASSEMBLY RATHER THAN APPOINTED BY THE GOVERNOR; TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO PROOF OF INSURANCE OR ABILITY TO PAY, TO PROVIDE FOR QUALIFICATION AND REGULATION OF GROUP SELF-INSURERS BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 42-9-10, RELATING TO TOTAL DISABILITY, SO AS TO PROVIDE THAT COMPENSATION FOR TOTAL DISABILITY APPLIES REGARDLESS OF THE AVAILABILITY OF OTHER COMPENSATION; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO A SCHEDULE FOR COMPENSATION FOR CERTAIN INJURIES, SO AS TO INCREASE THE PERIODS OF DISABILITY FOR CERTAIN INJURIES; TO AMEND SECTION 42-9-40, RELATING TO COMPENSATION FOR HERNIA, SO AS TO PROVIDE FOR COMPENSATION FOR TOTAL DISABILITY; TO AMEND SECTION 42-9-390, RELATING TO VOLUNTARY SETTLEMENTS SO AS TO PROVIDE PENALTIES FOR FAILURE TO MAKE PAYMENTS IN A TIMELY FASHION; TO AMEND SECTION 42-15-60, RELATING TO FURNISHING OF MEDICAL TREATMENT AND SUPPLIES BY THE EMPLOYER, SO AS TO REQUIRE THAT THEY BE FURNISHED FOR THE LIFETIME OF THE EMPLOYEE; TO AMEND SECTION 42-15-90, RELATING TO FEES AND CHARGES, SO AS TO PROVIDE CRIMINAL PENALTIES FOR A HEALTH CARE PROVIDER WHO DEMANDS PAYMENT BEFORE FINAL ADJUDICATION OF THE CLAIM OR WHO CHARGES AN EXCESSIVE FEE AND TO REQUIRE TIMELY PAYMENT TO A HEALTH CARE PROVIDER; TO AMEND SECTION 42-17-60, AS AMENDED, RELATING TO APPEAL OF THE COMPENSATION AWARD, SO AS TO PROVIDE FOR AN APPEAL PROCEDURE LIKE THE FAMILY COURT APPEAL PROCEDURE, NOTWITHSTANDING THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 42-17-90, RELATING TO CHANGE OF CONDITION, SO AS TO PROVIDE FOR A FORMULA FOR DETERMINING ADDITIONAL COMPENSATION; AND TO REPEAL SECTION 42-17-50, RELATING TO REVIEW AND REHEARING BY THE INDUSTRIAL COMMISSION.

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

SECTION 1. Title 42 of the 1976 Code is amended by adding:

"Section 42-9-435. When an injury or death is caused by the wilful or reckless failure of an employer to comply with any state or federal statutory or regulatory requirement or decision, its own safety regulations, or any lawful order of the commission, compensation must be increased twenty-five percent. This increase is not subject to the maximum compensation limit."

SECTION 2. Section 42-1-160 of the 1976 Code, as last amended by Act 424 of 1996, is further amended to read:

"Section 42-1-160. (A) 'Injury' and 'personal injury' shall mean means only injury by accident arising out of and in the course of the employment and shall does not include a disease in any form, except when it results naturally and unavoidably from the accident and except such those diseases as which are compensable under pursuant to the provisions of Chapter 11 of this title. In construing this section an accident arising out of and in the course of employment shall include includes employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality. 'Injury' and 'personal injury' also include both injury by accident suffered at a definite time and also injury by accident sustained gradually as the result of repeated performance of job-related duties.

(B) Stress arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is not a personal injury unless it is established that the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment.

(C) Stress arising out of and in the course of employment unaccompanied by physical injury is not considered compensable if it results from any an event or series of events which is incidental to normal employer-employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner."

SECTION 3. Section 42-1-540 of the 1976 Code is amended to read:

"Section 42-1-540. (A) The rights and remedies granted by this title to an employee when he and his employer have accepted the provisions of this title, respectively, to pay and accept compensation on account of personal injury or death by accident, shall exclude all other rights and remedies of such the employee, his personal representative, parents, dependents, or next of kin as against his employer, at common law or otherwise, on account of such the injury, loss of service, or death.

(B) Provided, however, This limitation of actions shall does not apply to injuries resulting from acts of a subcontractor of the employer or his employees or bar actions by an employee of one subcontractor against another subcontractor or his employees when both subcontractors are hired by a common employer.

(C) This section does not bar an action by an employee against an employer when the action is based on recklessness, wilfulness, wantonness, or intentional wrongdoing by the employer, or any of the employer's supervisory personnel, acting within the course and scope of the employment."

SECTION 4. Section 42-1-560(b) of the 1976 Code is amended to read:

"(b) The injured employee or, in the event of his death, his the dependents of a deceased employee, shall be are entitled to receive the compensation and other benefits provided by this title and to enforce by appropriate proceedings his or their rights against the third party; provided, that an action against the third party must be commenced not later than one year after the carrier accepts liability for the payment of compensation or makes its final payment pursuant to an award, agreement, or settlement under pursuant to this title, except as hereinafter otherwise provided. In such case The carrier shall have a lien on the proceeds of any recovery from the third party whether by judgment, settlement, or otherwise, to the extent of the total amount of compensation, including medical and other expenses, paid, or to be paid by such the carrier, less the reasonable and necessary expenses, including attorney fees, incurred in effecting the recovery, and to the extent the recovery shall be deemed to be is for the benefit of the carrier. A carrier who fails to pay one-half the expenses incurred in preparation and litigation, or either of them, of the third-party claim as the expenses are incurred forfeits the lien on the recovery. Attorney fees owed and payable by the carrier to the attorneys effecting the recovery shall be are set by the commission, but shall may not exceed one third of the total claim amount paid by the carrier to the injured employee. Such Attorney fees shall must be paid from the funds recovered by the carrier. Any The balance remaining after payment of necessary expenses and satisfaction of the carrier's lien shall must be applied as a credit against future compensation benefits for the same injury or death and shall must be distributed as provided in subsection (g) of this section. Notice of the commencement of the action shall must be given within thirty days of commencement thereafter to the Industrial Commission, the employer, and carrier upon a form prescribed by the Industrial Commission."

SECTION 5. Section 42-3-20 of the 1976 Code is amended to read:

"Section 42-3-20. (A) The commission shall consist of seven have nine members appointed by the Governor with the advice and consent of the Senate elected by the General Assembly in the same manner as circuit court judges, including appearance before the Judicial Screening Committee, for terms of six years and until their successors are appointed and qualify. The Governor, with the advice and consent of the Senate, shall designate one commissioner as chairman for a term of two years. and The chairman may serve two terms as chairman in his six-year term, but not consecutively.

(B) The commissioners shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full commission reviews, and handle such other matters as may that come before the department for judicial disposition. A full commission reviews review shall must be conducted by six eight commissioners only, with the original hearing commissioner not sitting at such reviews the review. When one commissioner is temporarily incapacitated or a vacancy exists on the commission, reviews a review may be conducted by the five seven remaining commissioners, but in such cases decisions that event a decision of the hearing commissioner shall may not be reversed except on the vote of at least four five commissioners; provided, however, that effective July 1, 1981 a full commission reviews review may be conducted by a three-member panels panel composed of three commissioners appointed by the chairman, excluding the original hearing commissioner. The chairman, with unanimous approval of the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions decision of such panels shall have a panel has the same force and effect as a nonpanel full commission reviews review."

SECTION 6. Section 42-5-20 of the 1976 Code, as last amended by Act 459 of 1994, is further amended to read:

"Section 42-5-20. (A) Every employer who accepts the provisions of this title relative to the payment of compensation shall insure and keep insured his liability thereunder pursuant to it in any authorized corporation, association, organization, or mutual insurance association formed by a group of employers so authorized or shall furnish to the commission Department of Insurance satisfactory proof of his financial ability to pay directly the compensation in the amount and manner and when due as provided for in this title. The commission Department of Insurance may, under such rules and regulations as it may prescribe, may permit two or more employers in businesses of a similar nature to enter into agreements to pool their liabilities under the Workers' Compensation Law for the purpose of qualifying as self-insurers. In the case of self-insurers the commission Department of Insurance shall require the deposit of an acceptable security, indemnity, or bond to secure the payment of the compensation liabilities as they are incurred.

(B) The Industrial Commission Department of Insurance shall have has exclusive jurisdiction of group self-insurers under this section, and such group self-insurers shall not be deemed to be are insurance companies for this purpose and shall not be regulated by the Department of Insurance. Provided, further, that if any a provision is made for the recognition of reinsurance of the self-insured fund, such the provision shall expressly must provide that the reinsurance agreement or treaty must recognize recognizes the right of the claimant to recover directly from the reinsurer and that such the agreement shall must provide for privity between the reinsurer and the workers' compensation claimant.

(C) In lieu Instead of submitting audited financial statements when an employer makes an application to self-insure with the commission, the commission shall accept the sworn statement or affidavit of an independent auditor verifying the financial condition of the employer according to the required financial ratios and guidelines established by regulation of the commission. The independent auditor must be a certified public accountant using generally acceptable accounting principles in the preparation of the financial statements of the employer."

SECTION 7. Section 42-9-10 of the 1976 Code, is amended to read:

"Section 42-9-10. (A) 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.

(B) 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.

(C) 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 quadraplegic quadriplegic, or who has suffered physical brain damage is not subject to the five hundred week limitation and shall receive the benefits for life.

(D) Notwithstanding the provisions of Section 42-9-301, no a total lump sum payment may not be ordered by the commission in any a case under this section where the injured person is entitled to lifetime benefits.

(E) Upon proof of total disability, the employee shall receive compensation for total disability, notwithstanding the part, member, or portion of the body injured and notwithstanding compensation available pursuant to Section 42-9-30."

SECTION 8. Section 42-9-30 of the 1976 Code, as last amended by Act 412 of 1988, is further amended to read:

"Section 42-9-30. In cases included in the following schedule, the disability in each case shall be deemed is considered to continue for the specified period specified and the compensation so paid for such the injury shall be is as specified therein, to wit:

(1) For the loss of a thumb sixty-six and two-thirds percent of the average weekly wages during sixty-five one hundred ten weeks;

(2) For the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty fifty-five weeks;

(3) For the loss of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five fifty-five weeks;

(4) For the loss of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks;

(5) For the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty twenty-five weeks;

(6) The loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one half of such thumb or finger and the compensation shall be for one half of the periods of time above specified;

(7) The loss of more than one phalange shall be considered the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;

(8) For the loss of a great toe, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;

(9) For the loss of one of the toes other than a great toe, sixty-six and two-thirds percent of the average weekly wages during ten weeks;

(10) The loss of the first phalange of any toe shall be considered to be equal to the loss of one half of such toe and the compensation shall be for one half the periods of time above specified;

(11) The loss of more than one phalange shall be considered as the loss of the entire toe;

(12) For the loss of a hand, sixty-six and two-thirds percent of the average weekly wages during one two hundred and eighty-five seventy weeks;

(13) For the loss of an arm, sixty-six and two-thirds percent of the average weekly wages during two three hundred twenty weeks;

(14) For the loss of a foot, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;

(15) For the loss of a leg, sixty-six and two-thirds percent of the average weekly wages during one two hundred ninety-five weeks;

(16) For the loss of an eye, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;

(17) For the complete loss of hearing in one ear, sixty-six and two-thirds percent of the average weekly wages during eighty weeks; and for the complete loss of hearing in both ears, sixty-six and two-thirds percent of the average weekly wages during one hundred sixty-five seventy-five weeks, and the commission shall by regulation provide for the determination of proportional benefits for total or partial loss of hearing based on accepted national medical standards.

(18) Total loss of use of a member or loss of vision of an eye shall be considered as equivalent to the loss of such member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of vision of an eye shall be such proportion of the payments herein provided for total loss as such partial loss bears to total loss.

(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10.

(20) For the total or partial loss of, or loss of use of, a member, organ or part of the body not covered herein and not covered under Sections 42-9-10 or 42-9-20, sixty-six and two thirds of the average weekly wages not to exceed five hundred weeks. The commission shall by regulations prescribe the ratio which the partial loss or loss or partial loss of use of a particular member, organ or body part bears to the whole man, basing such ratios on accepted medical standards and such ratios shall determine the benefits payable under this subsection.

(21) Proper and equitable benefits shall be paid for serious permanent disfigurement of the face, head, neck, or other area on any part of the body normally exposed in employment, not to exceed fifty five hundred weeks. Where benefits are paid or payable for injury to or loss of a particular member or organ under other provisions of this Title no additional benefits shall be paid under this paragraph, except that disfigurement shall also include compensation for serious burn scars or keloid scars on the body resulting from injuries, in addition to any other compensation These benefits are in addition to other benefits or compensation payable pursuant to this title.

The weekly compensation payments referred to in this section shall all be are subject to the same maximum and minimum limitations as to maximum and minimum as set out provided in Section 42-9-10."

SECTION 9. Section 42-9-40 of the 1976 Code is amended by adding an undesignated new paragraph at the end to read:

"An employee who suffers any degree of permanent partial loss of use shall receive additional compensation in the proportion that the partial loss bears to the total loss, established here as one hundred fifty weeks; provided that if the employee is permanently and totally disabled as provided in Section 42-9-10, he must be compensated for total disability."

SECTION 10. Section 42-9-390 of the 1976 Code, is further amended to read:

"Section 42-9-390. (A) Nothing contained in this chapter may be construed so as to prevent prevents settlements made by and between an employee and employer so long as the amount of compensation and the time and manner of payment are in accordance with the provisions of this title. A copy of the settlement agreement must be filed by the employer with and approved by only one member of the commission if the employee is represented by an attorney. If the employee is not represented by an attorney, a copy of the settlement agreement must be filed by the employer with and approved by four members of the commission.

(B) If a voluntary settlement is agreed upon in a case where the claimant is receiving weekly compensation at the time of the agreement, the employer shall continue payment of temporary total compensation until the proposed settlement, with all necessary signatures affixed to it, is mailed to the commission. If the settlement is not approved by the commission, the employer shall restart compensation payments immediately. Once a settlement is approved, and notice of the approval is given to the respective parties, the employer has three days to make payment pursuant to the settlement. If payment is not made within three days, the employer shall pay to the claimant an additional payment of ten percent of the amount agreed upon in the settlement. If the payment is not received by the claimant within fourteen days, the penalty increases to twenty-five percent of the agreed-to amount. Settlements not timely paid, along with applicable penalties, must bear interest at the judgment rate."

SECTION 11. Section 42-15-60 of the 1976 Code is amended to read:

"Section 42-15-60. Medical, surgical, hospital, and other treatment, including medical and surgical supplies as may reasonably may be required, for a period not exceeding ten weeks from the date of an injury to effect a cure, or give relief and for such additional time as in the judgment of the Commission, or will tend to lessen the period of disability and, in addition thereto, such those original artificial members as may be reasonably may be necessary at the end of the healing period shall be provided by the employer for the lifetime of the employee. In case of If a controversy arising arises between employer and employee, the commission may order such further medical, surgical, hospital, or other treatment as may in the discretion of the commission may be necessary.

(B) During the whole or any part of the remainder of disability resulting from the injury, the employer may, at his own option, may continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall accept an attending physician, unless otherwise ordered by the commission and, in addition, such surgical and hospital service and supplies as may be deemed considered necessary by such the attending physician or the commission.

(C) The refusal of an employee to accept any medical, hospital, surgical, or other treatment when provided by the employer or ordered by the commission shall bar such the employee from further compensation until such the refusal ceases. and no Compensation shall at any time may not be paid for the period of suspension unless, in the opinion of the commission, the circumstances justified the refusal, in which case and the commission may order a change in the medical or hospital service.

(D) If in an emergency on account arises because of the employer's failure to provide the medical care as specified in this section and a physician other than one provided by the employer is called to treat the injured employee, the reasonable cost of such the service shall must be paid by the employer if so ordered by the commission orders it.

(E) In cases in which total and permanent disability results, Reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall must be paid during the life of the injured employee, without regard to any limitation limitations in this title, including the maximum compensation limit. In cases of partial permanent disability, prosthetic devices shall be also must be furnished during the life of the injured employee or for so long as they are necessary."

SECTION 12. Section 42-15-90 of the 1976 Code is amended to read:

"Section 42-15-90. (A) Fees for attorneys and physicians and charges of hospitals for services under this title shall be are subject to the approval of the commission; but no physician or hospital shall be entitled to may collect fees from an employer or insurance carrier until he has made the reports required by the commission in connection with the case.

(B) Any A person who receives any a fee or other consideration or any gratuity on account of services so rendered, unless such when the consideration or gratuity is has not been approved by the commission or such the court, or a person who makes it a is in the business to of solicit soliciting employment for a lawyer or for himself in respect of any connection with a claim or award for compensation shall be is guilty of a misdemeanor and, upon conviction thereof, shall, for each offense, must be punished by a fine fined of not more than five hundred dollars or by imprisonment imprisoned not to exceed more than one year, or by both such fine and imprisonment for each offense.

(C) It is unlawful for an authorized health care provider to demand of or cause a demand to be made on a workers' compensation claimant before the final adjudication of the claim. Nothing in this section prohibits the collection from and demand for collection from a workers' compensation insurance carrier or self-insured employer. One who violates this section must pay a penalty of one thousand dollars to the workers' compensation claimant.

(D) It is unlawful for an authorized health care provider to demand of or cause a demand to be made on a workers' compensation claimant for charges in excess of the fee provided by the commission's applicable fee schedule, or to charge any fee in excess of the fee provided by the schedule. One who violates this section must pay a penalty of one thousand dollars to the workers' compensation claimant.

(E) Payment to an authorized health care provider for services must be made timely, and, in any event, no later than thirty days from the date the authorized health care provider tenders request for payment to the employer's representative, unless the commission has received a request to review the medical bill."

SECTION 13. Section 42-17-60 of the 1976 Code, as last amended by Act 439 of 1990, is further amended to read:

"Section 42-17-60. (A) The award of the commission, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon such review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, Either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice of the award to be sent by registered mail of the award, but not thereafter, may appeal from the decision of the commission to the court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, for errors of law under the same terms and conditions and scope of review as govern appeals in ordinary civil actions from the family court. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission on questions of law, The appeal does not operate as a supersedeas and thereafter the employer is required to make payment of pay the award involved in the appeal or certification until the questions at issue issues have been fully determined fully in accordance with the provisions of this title.

(B) To the extent this section conflicts with the Administrative Procedures Act, this section prevails."

SECTION 14. Section 42-17-90 of the 1976 Code is amended to read:

"Section 42-17-90. (A) Upon its own motion or upon the application of any a party in interest on the ground of a change in condition, the commission may review any an award and, on upon such review, may make an award ending, diminishing, or increasing the compensation previously awarded, subject to the maximum or minimum limitations provided in this title., and shall The commission immediately shall send to the parties a copy of the order changing the award. No such The review shall may not affect such the award as regards any moneys paid and no such review shall be made after twelve months from the date of the last payment of compensation pursuant to an award under this Title to payments already made.

(B) Additional compensation to which an employee is found to be entitled must be based on the greater of (1) the average weekly wage applicable at the time of the change of condition or (2) the average weekly wage applicable at the time of the initial injury."

SECTION 15. Section 42-17-50 of the 1976 Code is repealed.

SECTION 16. This act takes effect upon approval by the Governor.