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Bill 4542

                    Current Status

Bill Number:                      4542
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000203
Primary Sponsor:                  Hawkins
All Sponsors:                     Hawkins, Delleney, Harrison, Jennings, 
                                  Klauber and Maddox
Drafted Document Number:          l:\council\bills\swb\5043djc00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Workers' Compensation, awards; appeals to 
                                  common pleas court to be moved to top of 
                                  nonjury docket


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000203  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF WORKERS' COMPENSATION DURING APPEALS OF AWARDS OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE THAT ALL APPEALS FROM AWARDS OF THE WORKERS' COMPENSATION COMMISSION TO THE COURT OF COMMON PLEAS MUST BE MOVED TO THE TOP OF THE NONJURY DOCKET AND GIVEN PRIORITY OVER OTHER NONJURY MATTERS.

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 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 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. All appeals from awards of the commission to the court of common pleas must be moved to the top of the nonjury docket and given priority over other nonjury matters."

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

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