Bill 4198

                    Current Status

Bill Number:               4198
Ratification Number:       803
Act Number                 677
Introducing Body:          House
Subject:                   No payment of workers' compensation,
                           refusal to use safety appliance, etc.

(A677, R803, H4198)

AN ACT TO AMEND SECTION 42-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAYABLE FOR DISABILITY FROM AN OCCUPATIONAL DISEASE AND EXCEPTIONS, SO AS TO PROVIDE THAT NO COMPENSATION IS PAYABLE, AMONG OTHER REASONS, FOR THE DEGREE OF DISABILITY RESULTING FROM NONCOMPENSABLE CAUSES OR THE EMPLOYEE'S REFUSAL TO USE A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, RATHER THAN A SAFETY DEVICE, OR TO OBEY A SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, RATHER THAN A SAFETY REGULATION APPROVED BY THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH ITS RULES AND REGULATIONS; TO AMEND SECTION 42-11-190, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND THE PROMULGATION OF RULES, REGULATIONS, AND SCHEDULES, SO AS TO DELETE THE AUTHORITY OF THE COMMISSION, AFTER NOTICE TO PARTIES INTERESTED AND PUBLIC HEARINGS IF REQUESTED, TO PROMULGATE REASONABLE RULES REGARDING THE USE OF SAFETY APPLIANCES FOR THE REDUCTION AND ELIMINATION OF OCCUPATIONAL HAZARDS WHICH CAUSE OCCUPATIONAL DISEASES, AND TO DELETE THE PROVISION THAT NOTHING IN THIS SECTION LIMITS THE POWER OF THE COMMISSION TO APPROVE REASONABLE SAFETY REGULATIONS SUBMITTED BY AN EMPLOYER FOR APPLICATION TO HIS BUSINESS WHICH DO NOT CONFLICT WITH THE RULES AND REGULATIONS PROVIDED FOR IN THIS SECTION; TO AMEND SECTION 42-17-60, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO PROVIDE THAT, IN CASE OF AN APPEAL FROM THE DECISION OF THE COMMISSION ON QUESTIONS OF LAW, THE APPEAL DOES NOT OPERATE AS A SUPERSEDEAS, RATHER THAN PROVIDE THAT THE APPEAL DOES OPERATE AS A SUPERSEDEAS FOR THIRTY DAYS ONLY; AND TO REPEAL SECTIONS 42-3-200, RELATING TO THE POWER OF THE COMMISSION TO MAKE STUDIES AND INVESTIGATIONS, 42-9-50, RELATING TO REDUCTION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYEE, AND 42-9-70, RELATING TO INCREASE IN WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYER.

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

No payment of workers' compensation, refusal to use safety appliance, etc.

SECTION 1. Section 42-11-100 of the 1976 Code is amended to read:

"Section 42-11-100. Compensation payable for disability from an occupational disease must be the same as that provided for an injury under this title. No compensation is payable:

(1) For the degree of disability resulting from noncompensable causes or the employee's refusal to use a safety appliance provided by and regularly required to be used by the employer or to obey a safety rule or regulation adopted and regularly enforced by the employer.

(2) For any disability resulting from the employee's intoxication or wilful intent to injure himself.

(3) For the time the employee refuses to accept suitable employment when ordered to do so by the Commission.

(4) After the disability terminates."

Occupational diseases; rules, regulations, schedules; changes

SECTION 2. Section 42-11-190 of the 1976 Code is amended to read:

"Section 42-11-190. The Commission may, upon the advice and recommendations of the medical advisory panel:

(1) Make reasonable regulations regarding the conduct of hearings and investigations by medical boards and the fees and expenses to be allowed members of the panel for serving on such boards from time to time.

(2) Adopt a schedule of occupational diseases which shall include also a schedule of the processes or occupations giving rise to such diseases under the definitions given in Section 42-11-10."

No more supersedeas

SECTION 3. Section 42-17-60 of the 1976 Code is amended to read:

"Section 42-17-60. 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 may, within thirty days from the date of the award or within thirty days after receipt of notice to be sent by registered mail of the award, but not thereafter, 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 as govern appeals in ordinary civil actions. In case of an appeal from the decision of the Commission on questions of law, such appeal does not operate as a supersedeas and thereafter the employer is required to make payment of the award involved in the appeal or certification until the questions at issue therein have been fully determined in accordance with the provisions of this title."

Code section repealed

SECTION 4. Section 42-3-200 of the 1976 Code is repealed.

Code sections repealed

SECTION 5. Sections 42-9-50 and 42-9-70 of the 1976 Code are repealed.

Time effective

SECTION 6. This act takes effect upon approval by the Governor.