Current Status Introducing Body:House Bill Number:4313 Primary Sponsor:Baxley Type of Legislation:GB Subject:Workers' compensation awards, appeals Residing Body:House Computer Document Number:NO5/7427BD.94 Introduced Date:19940111 Last History Body:House Last History Date:19940525 Last History Type:Objection withdrawn by Representative Scope of Legislation:Statewide All Sponsors:Baxley Haskins Rudnick Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4313 House 19940525 Objection withdrawn by Simrill
Representative
4313 House 19940511 Objection withdrawn by Davenport
Representative
4313 House 19940511 Objection withdrawn by D. Smith
Representative
4313 House 19940510 Objection by Representative Beatty
Davenport
D. Smith
Robinson
Anderson
Klauber
Koon
4313 House 19940510 Objection withdrawn by Hodges
Representative
4313 House 19940510 Objection withdrawn by Tucker
Representative
4313 House 19940223 Objection by Representative Tucker
R. Young
Cato
Hodges
Simrill
4313 House 19940222 Debate adjourned until
Wednesday, February 23, 1994
4313 House 19940209 Committee Report: Favorable 25
4313 House 19940111 Introduced, read first time, 25
referred to Committee
4313 House 19931201 Prefiled, referred to 25
Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 9, 1994
H. 4313
S. Printed 2/9/94--H.
Read the first time January 11, 1994.
To whom was referred a Bill (H. 4313), to amend Section 42-17-60, as amended, relating to awards under the Workers' Compensation Law, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES H. HODGES, for Committee.
TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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. 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 the 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 to be sent by registered mail of the award, but not thereafter after that time, 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, or in which the claimant resides for errors of law under the same terms and conditions as govern appeals in ordinary civil actions. Actions not filed in a proper county may be transferred by the court to the appropriate venue. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of For 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 the award involved in the appeal or certification until the questions at issue have been fully determined fully in accordance with the provisions of this title."
SECTION 2. This act takes effect upon approval by the Governor.