Current Status Introducing Body:Senate Bill Number:133 Primary Sponsor:Land Type of Legislation:GB Subject:Workers' compensation, average weekly wages Computer Document Number:OLDVS/LIBX/2336 Introduced Date:Sep 17, 1990 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Prefiled and Temporarily Assigned S.133, Withdrawn Prior to Introduction Scope of Legislation:Statewide All Sponsors:Land Type of Legislation:General Bill
Bill Body Date Action Description CMN
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133 Senate Jan 08, 1991 Prefiled and Temporarily
Assigned S.133, Withdrawn
Prior to Introduction
133 Senate Sep 17, 1990 Prefiled, referred to 11
Committee
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TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION "AVERAGE WEEKLY WAGES" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND REDEFINE THE TERM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-1-40 of the 1976 Code is amended to read:
"Section 42-1-40. 'Average weekly wages' means the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury, taking the average of the highest and lowest calendar quarters of the four quarters immediately preceding the quarter in which the injury occurred as reported on the Employment Security Commission Quarterly Report, including the subsistence allowance paid to veteran trainees by the United States Government if the amount of such that allowance is reported monthly by such the trainee to his employer, divided by fifty-two thirteen. If the injured employee lost more than seven consecutive calendar days at one or more times during such period, although not in the same week, then the earnings for the remainder of such fifty-two weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. When the employment prior to the injury extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed, so long as results fair and just to both parties will be obtained. Where, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impracticable to compute the average weekly wages as defined in this section, regard is to be had to the average weekly amount which during the fifty-two weeks four quarters previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.
When for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other another method of computing average weekly wages may be resorted to as most nearly will most nearly approximate the amount which the injured employee would be earning were it not for the injury.
Whenever allowances of any character made to an employee in lieu of wages are a specified part of a wage contract they are deemed constitute a part of his earnings."
SECTION 2. This act takes effect upon approval by the Governor.