Current Status Bill Number:54 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19941003 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:BBM\9358JM.95 Subject:Workers' compensation payments
Body Date Action Description Com Leg Involved
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Senate 19950110 The proposed legislation which was
prefiled and temporarily assigned
S.54 was withdrawn prior to
Introduction
Senate 19941003 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT THE EMPLOYER MAY COMMENCE PAYMENT OF COMPENSATION AS EARLY AS PRACTICABLE AND THE PAYMENT OF ANY COMPENSATION DOES NOT RESULT IN AN ADMISSION OF LIABILITY, AND PROVIDE THAT IF, AFTER THE COMMENCEMENT OF PAYMENTS, THE EMPLOYER DETERMINES THAT THE PAYMENTS ARE NOT WARRANTED, THE EMPLOYER MAY CEASE THE PAYMENTS WITHOUT PREJUDICE AND PENALTY AND THE EMPLOYEE IS ENTITLED TO PURSUE HIS CLAIM.
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. 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.
Failure to comply with such rule as to termination or suspension of benefits must result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior Commission approval, 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.
The employer may commence payment of compensation as early as practicable, and the payment of any compensation does not result in an admission of liability on the part of the employer. If, after the commencement of payments, the employer determines that the payments are not warranted, the employer may cease the payments without prejudice or incurring any penalty, and the employee is entitled to pursue his claim."
SECTION 2. This act takes effect upon approval by the Governor.