Current Status Bill Number:3709 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950301 Primary Sponsor:Clyburn, All Sponsors:Clyburn, Cobb-Hunter, Govan, Rogers, Hines, Beatty, Baxley, Huff, Byrd, Jennings, Delleney, Martin, Felder and J. Brown Drafted Document Number:BBM\9886JM.95 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Workers' compensation
Body Date Action Description Com Leg Involved
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House 19950301 Introduced, read first time, 27 H3M
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-67 SO AS TO PROVIDE THAT AN EMPLOYEE WHO FOR REASONS OF INJURY OR MEDICALLY DETERMINED RESTRICTIONS IS UNABLE TO RETURN TO THE JOB OR JOBS HELD AT THE TIME OF THE INJURY IS ENTITLED TO VOCATIONAL REHABILITATION SERVICES AS MAY BE REASONABLY NECESSARY TO RESTORE HIM TO SUITABLE EMPLOYMENT, AND PROVIDE FOR RELATED MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 42-15-67. (A) An employee who for reasons of injury or medically determined restrictions is unable to return to the job or jobs held at the time of the injury is entitled to vocational rehabilitation services, including retraining and job replacement, as may be reasonably necessary to restore him to suitable employment. In the event that such services are not voluntarily offered and/or accepted, either party may make application to the commission for an order requiring the services. If, after affording all parties an opportunity to be heard, the commission determines by a preponderance of the evidence that the employee is unable to return to his prior employment, the commission shall order that rehabilitation treatment or service be provided at the expense of the employer. Vocational rehabilitation training, treatment, or service required pursuant to this section shall not extend for a period of more than fifty-two weeks, except in unusual cases when by special order of the commission, after affording the parties an opportunity to be heard, the period may be extended for an additional twenty-six weeks.
(B) Where rehabilitation services require residence at or near a facility or institution away from the employee's customary residence, reasonable cost of his board, lodging, and travel must be paid for by the employer.
(C) During any period of rehabilitation services, the employer shall continue payment of temporary total compensation. Such compensation shall not be deducted from any award for permanent disability under Sections 42-9-10, 42-9-20, or 42-9-30."
SECTION 2. This act takes effect upon approval by the Governor.