Current Status Introducing Body:Senate Bill Number:901 Primary Sponsor:Mitchell Committee Number:11 Type of Legislation:GB Subject:Workers' compensation awards when under appeal Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3083AL.94 Introduced Date:19940111 Last History Body:Senate Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Mitchell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
901 Senate 19940111 Introduced, read first time, 11
referred to Committee
901 Senate 19931122 Prefiled, referred to 11
Committee
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TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEAL OF WORKERS' COMPENSATION AWARDS, SO AS TO PROVIDE THAT PAYMENTS ON THE AWARD MUST BE MADE PENDING THE APPEAL AND TO PROVIDE REASONABLE COSTS AND REASONABLE ATTORNEY'S FEES TO THE PREVAILING PARTY.
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 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 of the award sent by registered mail of the award, but not thereafter, 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, for errors of law under the same terms and conditions as govern appeals in ordinary civil actions. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission on questions of law, the 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 in accordance with the provisions of this title. The prevailing party on appeal is entitled to reasonable costs and reasonable attorney's fees."
SECTION 2. This act takes effect upon approval by the Governor.