Current Status Bill Number:3329 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950119 Primary Sponsor:Richardson All Sponsors:Richardson, Sharpe, Simrill, Keyserling, Byrd, Robinson, Herdklotz, Littlejohn, Fulmer, Jaskwhich, Lloyd, Koon and Mason Drafted Document Number:BBM\9765JM.95 Residing Body:House Date Tabled:19950214 Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' Compensation Commission, benefits
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950214 Tabled in Committee 26 HLCI
House 19950119 Introduced, read first time, 26 HLCI
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-450 SO AS TO PROVIDE THAT THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION SHALL NOT ALLOW THE PAYMENT OF ANY BENEFITS UNDER TITLE 42 TO AN INJURED EMPLOYEE OR HIS DEPENDENTS WHO RECEIVE SIMILAR BENEFITS BY VIRTUE OF FEDERAL LAW FOR THE SAME INJURY, AND REQUIRE THE COMMISSION TO TAKE THE NECESSARY LEGAL ACTION TO RECOVER ANY BENEFITS UNDER TITLE 42 WHICH ARE PAID INADVERTENTLY OR OTHERWISE IN CONTRAVENTION OF THE PROVISIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 42-9-450. Notwithstanding any other provision of law, the commission shall not allow the payment of any benefits under this title to an injured employee or his dependents who receive similar benefits by virtue of federal law from the United States Government, or any agency or quasi-agency of the United States Government, for the same injury. The commission shall institute legal proceedings as necessary to recover any benefits under this title which may have been paid, or which may have been authorized to be paid, inadvertently or otherwise in contravention of the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.