H 3545 General Bill, By Clyburn, Howard, J. Hines, Mack and J.H. Neal
 A BILL TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO
 AS TO DELETE THE REQUIREMENT THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE
 FILED BY THE EMPLOYER WITH, AND APPROVED BY ONLY ONE MEMBER OF, THE WORKERS'
 COMPENSATION COMMISSION IF THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, AND
 PROVIDE THAT, WHEN THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, THE EMPLOYER
 MUST FILE THE SETTLEMENT AGREEMENT WITH THE COMMISSION WITHIN FIVE DAYS OF
 CONSUMMATION.

   02/17/99  House  Introduced and read first time HJ-11
   02/17/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-11

TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED BY THE EMPLOYER WITH, AND APPROVED BY ONLY ONE MEMBER OF, THE WORKERS' COMPENSATION COMMISSION IF THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, AND PROVIDE THAT, WHEN THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, THE EMPLOYER MUST FILE THE SETTLEMENT AGREEMENT WITH THE COMMISSION WITHIN FIVE DAYS OF CONSUMMATION.

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

SECTION 1. Section 42-9-390 of the 1976 Code is amended to read:

"Section 42-9-390. Nothing contained in this chapter may be construed so as to prevent 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. When the employee is represented by an attorney, the employer must file the settlement agreement with the commission within five days of consummation. 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."

SECTION 2. This act takes effect upon approval by the Governor.