Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Reese
Document Path: l:\council\bills\ggs\22997htc03.doc
Companion/Similar bill(s): 499
Introduced in the Senate on March 20, 2003
Introduced in the House on April 22, 2003
Last Amended on April 15, 2003
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Workers' compensation, records
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/20/2003 Senate Introduced and read first time SJ-3 3/20/2003 Senate Referred to Committee on Banking and Insurance SJ-3 4/10/2003 Senate Committee report: Favorable with amendment Banking and Insurance SJ-6 4/14/2003 Scrivener's error corrected 4/15/2003 Senate Amended SJ-59 4/15/2003 Senate Read second time SJ-59 4/15/2003 Senate Ordered to third reading with notice of amendments SJ-59 4/16/2003 Senate Read third time and sent to House SJ-34 4/22/2003 House Introduced and read first time HJ-17 4/22/2003 House Referred to Committee on Labor, Commerce and Industry HJ-18
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 15, 2003
S. Printed 4/15/03--S.
Read the first time March 20, 2003.
TO AMEND SECTION 38-73-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIBLES THAT MUST BE OFFERED ON POLICIES OF WORKERS' COMPENSATION INSURANCE, SO AS TO INCREASE THE MAXIMUM DEDUCTIBLE ALLOWED FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS AND TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING, TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYEES' RECORDS AND REPORTS OF INJURIES FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT AN INJURY FOR WHICH THERE IS NO COMPENSABLE LOST TIME OR PERMANENCY AND COST OF MEDICAL TREATMENT DOES NOT EXCEED FIVE THOUSAND DOLLARS RATHER THAN THE EXISTING TWO THOUSAND FIVE HUNDRED DOLLAR LIMIT IMPOSED BY REGULATION REQUIRES ONLY ANNUAL REPORTING.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-73-515(A) of the 1976 Code is amended to read:
"(A) Each insurer issuing a policy of workers' compensation insurance shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under Title 42. Deductible amounts offered must be disclosed fully to the prospective policyholder in writing in the amount of one hundred dollars, two hundred dollars, three hundred dollars, four hundred dollars, five hundred dollars,
or in increments of five hundred dollars up to a maximum of two thousand five hundred dollars, or five thousand dollars for each compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount."
SECTION 2. Section 42-19-10 of the 1976 Code, as last amended by Act 424 of 1996, is further amended to read:
"Section 42-19-10. Every employer shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment on forms approved by the commission.
If the injury requires minimal medical attention at a cost not to exceed an amount specified by regulation of the Workers' Compensation Commission and does not cause more than one lost workday or permanency, the employer is not required to make a written report to the commission or the employer's insurance carrier, provided the employer maintains a record as prescribed by the commission and pays directly the incurred cost of the resulting medical attention.
All other injuries must be reported in writing to the commission according to the following guidelines:
(1) An injury for which there is no compensable lost time or permanency and the medical treatment does not exceed
an amount specified by regulation of the Workers' Compensation Commission five thousand dollars must be reported annually on a form and at a time prescribed by the commission.
(2) An injury involving compensable lost time, medical attention in excess of the limit
established by commission regulation provided in (1) above, or the possibility of permanency must be reported within ten business days after the occurrence and knowledge of it, as provided in Section 42-15-20, on a form or in an electronic format prescribed by the commission.
However, for the injury of a South Carolina National Guard member as provided for in Section 42-7-67, the reporting periods must be counted from the date the employer, the South Carolina National Guard, has knowledge that the federal government has denied benefits to the injured guard member or that benefits or additional benefits may be due under the provisions of Title 42."
SECTION 3. This act becomes effective one hundred twenty days after approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:17 A.M.