Current Status Introducing Body:House Bill Number:3524 Primary Sponsor:Sharpe Type of Legislation:GB Subject:Workers' compensation claims Residing Body:House Computer Document Number:BBM/10169JM.93 Introduced Date:19930218 Last History Body:House Last History Date:19940510 Last History Type:Objection by Representative Scope of Legislation:Statewide All Sponsors:Sharpe M.O. Alexander T.C. Alexander G. Bailey Cato Davenport Chamblee Fulmer Jaskwhich Carnell Kennedy Lanford Littlejohn Riser R. Smith Townsend Vaughn Wells Wilkins Wofford A. Young Wright R. Young Harrison J. Wilder Stuart Gamble D. Wilder Witherspoon Simrill Richardson Waites Law Keegan Shissias Quinn Allison Walker H. Brown Robinson Elliott Koon McAbee Stone J. Harris Corning Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3524 House 19940510 Objection by Representative Beatty
D. Smith
3524 House 19940510 Objection withdrawn by Harwell
Representative
3524 House 19940329 Objection by Representative Harrelson
Delleney
Rogers
Harwell
Cobb-Hunter
White
3524 House 19940223 Committee Report: Favorable 26
with amendment
3524 House 19930218 Introduced, read first time, 26
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 23, 1994
H. 3524
Introduced by REPS. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Corning
S. Printed 2/23/94--H.
Read the first time February 18, 1993.
To whom was referred a Bill (H. 3524), to amend Section 42-9-260, as amended, Code of Laws of South Carolina, 1976, relating to the employer's notice to the Workers' Compensation Commission, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 42-9-260 of the 1976 Code, as last amended by Act 410 of 1988, is further amended to read:
"Section 42-9-260. (A) When an employee has been out of work due to a reported work related injury or occupational disease for eight days, an employer may start temporary total disability payments immediately and may continue such payments for up to one hundred twenty days without waiver of any grounds for denial of a claim as may appear following a good faith investigation. Upon making the first payment, the employer shall immediately shall notify the commission, in accordance with a form prescribed by the commission, that payment of compensation has begun.
The commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule must provide for an evidentiary hearing and Commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the Commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.
(B) Once payment of temporary disability compensation has been commenced, it may be terminated or suspended immediately if the employee:
(1) has returned to work; or
(2) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work; or
(3) at any time within one hundred twenty days of the date that payments are commenced if a good faith investigation has revealed grounds for denial of the claim.
(C) If the employee has been released by the treating physician to work or to limited duty work and the employer provides work consistent with the terms upon which the employee has been released, compensation may be terminated or suspended if the employee refuses to return to work.
(D) If the employee refuses medical treatment under Section 42-15-60 or an examination or evaluation under Section 42-15-80, the employee is not entitled to compensation benefits during the period of the refusal. Upon the submission of documentation of the refusal of the employee of this medical treatment, examination, or evaluation to the commission and notice to the employee, compensation may be terminated unless the employee requests a hearing within ten days of receiving the notice.
(E) An employee within fifteen days after receiving notification that his payments have been terminated may request a hearing to have temporary compensation reinstituted after termination. This hearing must be held within thirty days of the date of the employee's request for such a hearing.
(F) Failure to comply with such rule as to termination or suspension of benefits must this section shall result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior Commission approval in violation of this section, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."/
Renumber sections to conform.
Amend totals and title to conform.
THOMAS C. ALEXANDER, for Committee.
TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYER'S NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE THE PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION AND THAT THE PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION IS PERMISSIBLE RATHER THAN MANDATORY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-9-260 of the 1976 Code, as last amended by Act 410 of 1988, is further amended to read:
"Section 42-9-260. (A) When an employee has been out of work due to a reported work related injury or occupational disease for eight days, an employer may start temporary total disability payments immediately and may continue such payments for up to one hundred twenty days without waiver of any grounds for denial of a claim as may appear following a good faith investigation. Upon making the first payment, the employer shall immediately shall notify the commission, in accordance with a form prescribed by the commission, that payment of compensation has begun.
The commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule must provide for an evidentiary hearing and Commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the Commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.
(B) Once payment of temporary disability compensation has been commenced, it may be terminated or suspended immediately if the employee:
(1) has returned to work; or
(2) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work; or
(3) at any time within one hundred twenty days of the date that payments are commenced if a good faith investigation has revealed grounds for denial of the claim.
(C) If the employee has been released by the treating physician to work or to limited duty work and the employer provides work consistent with the terms upon which the employee has been released, compensation may be terminated or suspended if the employee refuses to return to work.
(D) If the employee refuses medical treatment under Section 42-15-60 or an examination or evaluation under Section 42-15-80, the employee is not entitled to compensation benefits during the period of the refusal. Upon the submission of documentation of the refusal of the employee of this medical treatment, examination, or evaluation to the commission and notice to the employee, compensation may be terminated unless the employee requests a hearing within ten days of receiving the notice.
(E) An employee may request a hearing to have temporary compensation reinstituted after termination.
(F) Failure to comply with such rule as to termination or suspension of benefits must this section may result in a twenty-five percent penalty of not more than twenty-five percent imposed upon the carrier or employer computed on the amount of benefits withheld without prior Commission approval in violation of this section, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."
SECTION 2. This act takes effect upon approval by the Governor.