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Bill 3545

                    Current Status

Bill Number:                      3545
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990217
Primary Sponsor:                  Clyburn
All Sponsors:                     Clyburn, Howard, J. Hines, Mack and 
                                  J.H. Neal
Drafted Document Number:          l:\council\bills\nbd\11152jm99.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Workers' compensation settlement 
                                  agreements; employer to file within five days 
                                  of consummation


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990217  Introduced, read first time,           26 HLCI
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED BY THE EMPLOYER WITH, AND APPROVED BY ONLY ONE MEMBER OF, THE WORKERS' COMPENSATION COMMISSION IF THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, AND PROVIDE THAT, WHEN THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, THE EMPLOYER MUST FILE THE SETTLEMENT AGREEMENT WITH THE COMMISSION WITHIN FIVE DAYS OF CONSUMMATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 42-9-390 of the 1976 Code is amended to read:

"Section 42-9-390. Nothing contained in this chapter may be construed so as to prevent settlements made by and between an employee and employer so long as the amount of compensation and the time and manner of payment are in accordance with the provisions of this title. A copy of the settlement agreement must be filed by the employer with and approved by only one member of the commission if the employee is represented by an attorney. When the employee is represented by an attorney, the employer must file the settlement agreement with the commission within five days of consummation. If the employee is not represented by an attorney, a copy of the settlement agreement must be filed by the employer with and approved by four members of the commission."

SECTION 2. This act takes effect upon approval by the Governor.

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