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S. 179
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\nbd\11091ab07.doc
Introduced in the Senate on January 9, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Administrative law judges
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 Senate Prefiled
12/13/2006 Senate Referred to Committee on Judiciary
1/9/2007 Senate Introduced and read first time SJ-106
1/9/2007 Senate Referred to Committee on Judiciary SJ-106
1/17/2007 Senate Referred to Subcommittee: Martin (ch), Rankin, Elliott,
Hutto, Ritchie, Lourie, Bryant
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-5 SO AS TO ABOLISH THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION AND TRANSFER ALL ASSETS AND EMPLOYEES TO A NEW DIVISION OF WORKERS' COMPENSATION IN THE SOUTH CAROLINA DEPARTMENT OF INSURANCE; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE THAT NO CLAIM FOR INJURY OR DISEASE FILED AFTER JULY 1, 2007, SERVES AS A BASIS FOR REIMBURSEMENT OF SUMS PAID BY AN EMPLOYER OR INSURANCE CARRIER PURSUANT TO THE PROVISIONS OF SECTIONS 42-9-400 AND 42-9-410; TO AMEND SECTIONS 42-1-80, AS AMENDED, 42-1-560, CHAPTER 3, TITLE 42, 42-5-20, 42-5-190, 42-7-200, ALL AS AMENDED, 42-7-310, AS AMENDED, 42-11-170, 42-13-80, 42-13-90, 42-13-100, 42-13-110, 42-15-55, 42-15-95, AS AMENDED, 42-17-30, 42-17-40, 42-17-50, 42-17-60, ALL AS AMENDED, 42-17-70, 42-19-10, AS AMENDED, AND 42-19-50, GENERALLY RELATING TO THE WORKERS' COMPENSATION COMMISSION AND THE INDUSTRIAL COMMISSION WHICH ARE ABOLISHED PURSUANT TO THE PROVISIONS OF THIS ACT, SO AS TO MAKE CHANGES TO REFERENCES CONSISTENT WITH THE ABOLITION AND TRANSFER OF ASSETS AND PERSONNEL TO THE DIVISION OF WORKERS' COMPENSATION OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 1-23-600, AS AMENDED, SECTION 1-23-610, AND 1-23-640, AS AMENDED, ALL RELATING TO POWERS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO PROVIDE A ROTATING PANEL OF THREE ADMINISTRATIVE LAW JUDGES SHALL HEAR APPLICATIONS FOR REVIEW OF DECISIONS OF THE DIVISION OF WORKERS' COMPENSATION OF THE DEPARTMENT OF INSURANCE; TO PROVIDE FOR JUDICIAL REVIEW OF THE THREE JUDGE PANEL AND WHERE THE APPEAL MUST BE HEARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-5. The South Carolina Workers' Compensation Commission is abolished. The Division of Workers' Compensation of the South Carolina Department of Insurance is created. Subject to the terms and provisions in this title, all employees and assets of the former South Carolina Workers' Compensation Commission are transferred to the Division of Workers' Compensation of the South Carolina Department of Insurance."
SECTION 2. Section 42-1-80 of the 1976 Code, as last amended by Act 399 of 1986, is further amended to read:
"Section 42-1-80. The term 'Commission' means the South Carolina Division of Workers' Compensation Commission of the Department of Insurance created under the provisions of this title."
SECTION 3. Section 42-1-560 of the 1976 Code is amended to read:
"Section 42-1-560. (a) The right to compensation and other benefits under this title shall are not be affected by the fact that the injury or death is caused under circumstances creating a legal liability in some person, other than the employer or another person exempt from liability under Section 42-1-540 to pay damages therefore for them, the person so liable being hereinafter is referred to as the third party. The respective rights and interests of the injured employee, or, in the case of his death, his dependents and any person entitled to sue therefore for him, and of the employer or person, association, corporation, or carrier liable for the payment of compensation and other benefits under this title, hereinafter called the 'carrier,' in respect to the cause of action and the damages recovered shall be are as provided by this section.
(b) The injured employee or, in the event of his death if he is dead, his dependents, shall be are entitled to receive the compensation and other benefits provided by this title and to enforce by appropriate proceedings his or their rights against the third party; provided, that action against the third party must be commenced not later than one year after the carrier accepts liability for the payment of compensation or makes payment pursuant to an award under this title, except as hereinafter provided in this section. In such that case the carrier shall have a lien on the proceeds of any recovery from the third party whether by judgment, settlement or otherwise, to the extent of the total amount of compensation, including medical and other expenses, paid, or to be paid by such the carrier, less the reasonable and necessary expenses, including attorney fees, incurred in effecting the recovery, and to the extent the recovery shall be deemed is considered to be for the benefit of the carrier. Attorney fees owed and payable by the carrier to the attorneys effecting the recovery shall must be set by the Industrial commission but shall may not exceed one third of the total claim amount paid by the carrier to the injured employee. Such The fees shall must be paid from the funds recovered by the carrier. Any A balance remaining after payment of necessary expenses and satisfaction of the carrier's lien shall must be applied as a credit against future compensation benefits for the same injury or death and shall must be distributed as provided in subsection (g) of this section. Notice of the commencement of the action shall must be given within thirty days thereafter to the Industrial commission, the employer and carrier upon a form prescribed by the Industrial commission.
(c) If, prior to before the expiration of the one-year period referred to in subsection (b), or within thirty days prior to before the expiration of the time in which such the action may be brought, the injured employee, or, in event of his death if he is dead, the person entitled to sue therefore shall for him does not have commenced commence action against or settled with the third party, the right of action of the injured employee, or, in event of his death if he is dead, the person entitled to sue therefor shall pass by assignment to the carrier; provided, that if the assignment shall does not occur less than twenty days after the carrier has notified the injured employee or, in the event of his death if he is dead, his personal representative or other person entitled to sue therefore for him in writing, by personal service or by registered or certified mail that failure to commence such action will operate as an assignment of the cause of action to the carrier. Prior to Before the expiration of ninety days after the assignment, the carrier shall give the Industrial commission, the injured employee, or, in event of his death if he is dead, his dependents and any other person entitled to sue therefor for him notice, upon a form prescribed by the Industrial commission, that action has been or will be commenced against the third party. Failure to give this notice, or to commence the action at least thirty days prior to before the expiration of the time within which such the action may be brought, shall operate as a reassignment of the right of action to the injured employee, or, in event of his death if he is dead, his personal representative or other person entitled to sue therefore for him, and the rights and obligations of the parties shall be is as provided by subsection (b) of this section.
If the carrier as assignee recovers in an action (1) for injury, an amount in excess of the sum of the total of benefits paid or provided the injured employee and the reasonable expenses, including attorneys' fees, incurred in making such the recovery, or (2) for death, an amount on behalf of the dependents of the employee in excess of the benefits paid the dependents, and the reasonable expenses, including attorneys' fees, incurred in making the recovery, the excess shall must be applied as a credit against future compensation and other benefits for the same injury or death and shall must be distributed in accordance with subsection (g) of this section.
(d) If the persons entitled to share in the proceeds of an action brought under subsections subsection (b) or (c) for death of the employee include any a person who was is not a dependent of the deceased employee, such that person's share of any recovery made in the action, less a rateable share of the reasonable expenses incurred in making the recovery, shall must be paid to the person or to the personal representative of the deceased.
(e) The injured employee, or, in event of his death if he is dead, his dependents, and the carrier may provide, by agreement approved by the Industrial commission, or in event of if a settlement made during actual trial of the action against the third party, approved by the presiding judge at the trial, provide for distribution of the proceeds of any recovery in the action different from that prescribed by subsection (b) or (c) of this section.
(f) If the third party, with notice or knowledge of the carrier's lien, and the employee, or, in the event of his death if he is dead his personal representative or person entitled to sue therefor for him make a compromise settlement without the written consent of the carrier for an amount less than the total of the compensation to which he or they are entitled under this title because of such the injury or death, the settlement shall be is invalid as against the carrier, which shall must be entitled to maintain an action against the third party to recover the amount of compensation for which the carrier is liable under this title, less the amount actually inuring to the benefit of the carrier from the proceeds of the settlement.
At the trial the fact of settlement shall be is prima facie evidence that the injury was proximately caused by a breach of duty owed to the employee or a warranty given by the third party.
The carrier shall not unreasonably refuse to approve a proposed compromise settlement with the third party. The injured employee or his dependents may make written application to the Industrial commission for a finding that a proposed compromise settlement with the third party is reasonable and fair to all parties. If the Industrial commission, after such inquiry as it deems considers necessary, and after hearing if demanded by either the carrier, the injured employee or his dependents, finds the proposed settlement reasonable and fair, it shall be deemed is considered to have been approved by the carrier.
Notwithstanding other provisions of this item subsection, where an employee or his representative enters into a settlement with or obtains a judgment upon trial from a third party in an amount less than the amount of the employee's estimated total damages, the Industrial commission may reduce the amount of the carrier's lien on the proceeds of such the settlement in the proportion that such the settlement or judgment bears to the Industrial commission's evaluation of the employee's total cognizable damages at law. Any such A reduction shall must be based on a determination by the Industrial commission that such the reduction would be is equitable to all parties concerned and serve serves the interests of justice.
(g) When there remains a balance of five thousand dollars or more of the amount recovered from a third party by the beneficiary or carrier after payment of necessary expenses, and satisfaction of the carrier's lien and payment of the share of any person not a beneficiary under this title, which is applicable as a credit against future compensation benefits for the same injury or death under either subsection (b) or subsection (c) of this section, the entire balance shall must in the first instance be paid to the carrier by the third party. The present value of all amounts estimated by the Industrial commission to be thereafter payable as compensation, with the present value to be computed in accordance with using a schedule prepared by the Industrial commission, shall must be held by the carrier as a fund to pay future compensation as it becomes due, and to pay any sum finally remaining in excess thereof of it to the beneficiaries.
As soon as the Industrial commission has fixed the amount to be held by the carrier in this fund, or determined that no future compensation will be is due, the excess of the third party recovery over the total amount necessary for payment of necessary expenses, satisfaction of the carrier's lien, and payment of the share of any person not a beneficiary under this title and creation of such the fund, if any, shall must be paid forthwith immediately to the beneficiary but shall continue to constitute a credit against future compensation benefits for the same injury or death as to any compensation liability that may exist after the fund has been exhausted.
(h) If death results from the injury and if the employee leaves no dependents entitled to benefits under this title, the carrier shall have has a right of action against the third party for any amounts paid into the second-injury fund established by Section 42-1-380 and for reasonable funeral expenses and medical benefits actually paid by the carrier. The cause of action shall be is in addition to any cause of action of the legal representative of the deceased. This right may be enforced in any action of law brought against the third party within two years after the death of the employee."
SECTION 4. Chapter 3, Title 42 of the 1976 Code is amended to read:
Section 42-3-10. There is created the South Carolina Division of Workers' Compensation Commission of the Department of Insurance, hereinafter referred to as the 'commission', is composed of a judicial and administrative department and constituted and administered as provided for in this title.
Section 42-3-20. The commission shall consist consists of a chairman with seven members five hearing officers. appointed by the Governor with the advice and consent of the Senate for terms of six years and until their successors are appointed and qualify. The Governor with the advice and consent of the Senate shall designate one commissioner as chairman for a term of two years and the chairman may serve two terms in his six-year term but not consecutively. The chairman must be appointed by the Director of Insurance and serve at his pleasure. The hearing officers must be employees of the State and shall serve at the pleasure of the chairman.
The commissioners hearing officers shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full Commission reviews and handle such other matters as may come before the department for judicial disposition. Full Commission reviews shall be conducted by six commissioners only, with the original hearing commissioner not sitting at such reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the Commission, reviews may be conducted by the five remaining commissioners but in such cases decisions of the hearing commissioner shall not be reversed except on the vote of at least four commissioners; provided, however, that effective July 1, 1981 full Commission reviews may be conducted by three-member panels composed of three commissioners appointed by the chairman excluding the original hearing commissioner. The chairman, with unanimous approval of the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of such panels shall have the same force and effect as nonpanel full commission reviews.
Section 42-3-25. (A) The chairman shall be is the chief executive officer of the commission and shall execute the policies established by the commission in its capacity as the governing body of the judicial and administrative departments.
(B) The executive assistant for the judicial department and the administrative director of the administrative department shall report and be responsible to the chairman.
Section 42-3-30. The commission shall promulgate all regulations relating to the administration of the workers' compensation laws of this State necessary to implement the provisions of this title and consistent therewith with it.
Section 42-3-40. The annual salary for the commissioners shall chairman must be eighty-five ninety percent of the salary paid to the circuit judges of the State. The annual salary of the hearing officers must be eighty percent of the salary paid to the circuit judges of the State. The commissioners hearing officers shall receive a subsistence allowance of thirty-five dollars a day per diem, mileage, expenses, and subsistence as is authorized by law for circuit judges while in the performance of their duties outside the Columbia office.
Section 42-3-50. (A) The commissioners chairman shall appoint an executive assistant for the judicial department, to serve at their his pleasure, who shall prepare all dockets for hearings, and informal conferences and full Commission reviews, maintain liaison with the director of the administrative department, receive all files from that department when they are ready for hearing, informal conference, settlement or other disposition, and perform such other duties as shall be assigned to him by the chairman to whom the executive assistant shall be is solely responsible.
(B) The executive assistant with the approval of the chairman of the commission shall be is authorized to employ and, if necessary, discharge all support personnel required to exercise the functions herein prescribed for his office.
Section 42-3-60. Each commissioner shall be is authorized to employ a secretary and a court reporter to serve at his pleasure.
Section 42-3-80. (A) The administrative department of the commission shall be is under the direction of the administrative director. The director shall must be appointed by the Commission and chairman, serve at its his pleasure, and shall receive an annual salary of eighty-five percent of the salary paid to the circuit judges of the State.
(B) The administrative director shall receive and be is responsible for all files and records of the Industrial commission and shall refer all claims to the judicial department for disposition and receive from that department reports, information, and statistics as to the disposition of claims. He shall also be is responsible for the referral to the South Carolina Vocational Rehabilitation Department of all industrially injured persons that need vocational counseling or vocational evaluation, personal adjustment, training, and placement.
(C) In the performance of his duties, the director is authorized to:
(a)(1) with the approval of the chairman of the commission, appoint and discharge, if necessary, all support personnel within the administrative department except division directors;
(b)(2) compile all statistics and reports concerning the administration of workers' compensation laws and the disposition of claims related thereto to them;
(c) (3) conduct administrative operations of the commission in accordance with the provisions of this title and regulations promulgated thereunder under it.
Section 42-3-90. (A) There shall be is established within the administrative department the following divisions, each headed by a division director recommended by the administrative director with the concurrence of the chairman and subject to the approval of the Commission.:
(1) the Division of Coverage and Compliance,;
(2) the Division of Claims and Statistics,;
(3) the Division of Medical Services.
(B) Each division shall perform such the functions and duties as may be assigned to it by the director of the administrative department subject to the provisions of Section 42-3-25.
Section 42-3-100. The commissioners chairman shall annually shall prepare and the chairman shall annually submit to the State Budget and Control Board and the General Assembly a budget for the Industrial commission.
Section 42-3-110. The commissioners of the judicial department executive assistant for the judicial department, and the director of the administrative department shall approve all expense and travel vouchers for their respective departments.
Section 42-3-120. There is hereby created the advisory committee for improvement of the workers' compensation laws of South Carolina, consisting of five members appointed by the Governor for terms of five years and until successors are appointed and qualify. One member shall must be an attorney experienced in practice representing claimants, one member shall must be an attorney experienced in practice representing defendants, one member shall must be a representative of industry, one member shall must be a representative of labor and one member shall must be a representative of the general public. A chairman shall must be elected by the committee. The committee shall meet at least quarterly to consider improvements in workers' compensation laws and monitor the effectiveness of existing law. Recommendations for changes in the law shall must be recommended annually to the General Assembly. Committee members shall serve without compensation but shall receive mileage, subsistence, and per diem as provided by law for boards, committees, and commissions payable from an annual appropriation from the general fund of the State.
Section 42-3-130. The county sheriffs and their respective deputies shall serve all subpoenas of the commission or its deputies and shall receive the same fees as are provided by law for like services. Provided, however, If the witness is in another county, the subpoena may be served by any a person authorized to serve subpoenas in the county where the action originated. Each witness who appears in obedience to such a subpoena of the commission shall receive for attendance the fees and mileage for witnesses in civil cases in courts of the county in which the hearing is held.
Section 42-3-140. The commission or any member thereof, or any a person deputized by it, may, for the purpose of this title, may subpoena witnesses, administer or cause to be administered oaths, and examine or cause to be examined such parts of the books and records of the parties to proceedings as relate to questions in dispute.
Section 42-3-150. (A) The commission in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed considered necessary in connection with any proceeding under this title.
(B) No A person shall may not be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the commission on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no an individual shall may not be prosecuted or subjected to any a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such the individual so testifying shall is not be exempt from prosecution and punishment for perjury committed in so testifying or from civil prosecution, penalties, or forfeitures pursuant to the provisions of this title.
(C) In case of contumacy by any a person or refusal to obey a subpoena issued to any a person, the commission may issue to such the person an order requiring him to appear before the commission to produce evidence if so ordered or to give testimony touching the matter under investigation. Any Failure to obey an order of the commission may be punished as a contempt thereof.
(D) Any A person who shall without just cause fail fails or refuse refuses to attend and testify, to answer any a lawful inquiry, or to produce books, papers, correspondence, memoranda, and other records, if it is in his power to do so in accordance with a subpoena of the commission, shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not less than twenty nor more than two hundred dollars or by a term of imprisonment for imprisoned not more than thirty days. Each failure to obey a subpoena shall constitute constitutes a separate offense. Subpoenas shall A subpoena must be issued in the name of the commission and shall be signed by a commissioner hearing officer. Subpoenas shall A subpoena must be issued to such those persons as the Commission a hearing officer may designate.
(E) In addition, the commission may punish for contempt in the manner authorized by this section any a person whose disorderly conduct in any commission proceeding interferes with the orderly process of such the proceeding.
Section 42-3-160. Any A party to a proceeding pending under this title or his attorney may cause the depositions of witnesses, either within or without the State, to be taken either by Commission a hearing officer or de bene esse. Such depositions A deposition shall must be taken in accordance with and subject to the same provisions, conditions, and restrictions as apply to the taking of like depositions in civil actions at law in the courts of common pleas and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, and the transmission and certification thereof of them and matters of practice relating thereto shall apply to them applies. In any a case in which testimony shall be is taken by Commission a hearing officer, such the commission shall must be issued, upon request of the party or his attorney, by some member of the Commission a hearing officer. The provisions of this section shall may not be so construed as to prevent the Commission or any deputy commissioner a hearing officer from issuing commissions for the taking of testimony, even in the absence of any an application therefore for it, when in its or his judgment it is deemed considered necessary or appropriate.
Section 42-3-170. Hearings A hearing before the Commission shall be a hearing officer is open to the public and shall must be stenographically reported and the commission may contract for the reporting of such these hearings. The commission shall by regulation provide for the preparation of a record of the hearings and other proceedings.
Section 42-3-180. All questions arising under this title, if not settled by agreement of the parties interested therein in it with the approval of the commission, shall must be determined by the Commission hearing officer assigned to the case, except as otherwise provided in this title. The hearing officer shall proceed to a complete determination of the matters in dispute, file his written opinion within sixty days of the close of the hearing record unless time is extended for good cause, and the hearing officer shall issue an award pursuant to that determination.
Section 42-3-185. Any Policies or procedures implementing the provisions of Section 42-15-90 shall become are effective only when such the implementation is accomplished by regulations promulgated in accordance with the Administrative Procedures Act, which proposed regulations shall must have before promulgation received approval of the Judiciary Committees of the Senate and House of Representatives and also by concurrent Resolution of the General Assembly.
Section 42-3-190. The commission shall prepare, cause to be printed, and upon request furnish, free of charge to any employee, such blank forms and literature as it shall deem requisite necessary to facilitate or prompt the efficient administration of this title.
Section 42-3-195. (A) The commission shall cooperate with and provide information and statistics to the South Carolina Commissioner of Labor, which the Commissioner of Labor and his designees may use solely only for the following limited purposes:
(1) scheduling inspections pursuant to Section 41-15-260 for compliance with occupational safety and health rules and regulations;
(2) statistical evaluation of hazards.
(B) The information and statistics provided pursuant to this section are confidential and exempt from disclosure pursuant to the Freedom of Information Act, except that the Commissioner of Labor may reveal to the federal Occupational Safety and Health Administration, on a confidential basis, the results of statistical evaluations of hazards as long as no identifying information is revealed.
(C) Upon trial of any action other than a workers' compensation claim, such the information shall must not be placed in evidence or be permitted to be argued to any court, jury, or other adjudicatory body.
Section 42-3-210. The commission shall tabulate the accident reports received from employers in accordance with Sections 42-19-10 and 42-19-20 and shall publish them in the annual report of the commission and as often as it may deem considers advisable, in such the detailed or aggregated form as it may deem best necessary. The name of the employer or employee shall not appear in such these publications and the employers' reports shall be are private records of the commission and shall may not be open for public inspection except for the inspection of the parties directly involved, and then only to the extent of such the interest, including third party interests. These reports shall may not be used as evidence by or against any an employer in any a suit at law brought by any an employee for the recovery of damages, except by order of the court for good cause shown.
Section 42-3-220. The commission may, by civil action brought in its own name, may enforce the collection of any fines or penalties provided by this title and such these fines and penalties shall must be used for the purpose of paying salaries and expenses of the commission.
Section 42-3-230. The commission may from time to time as it may deem advisable destroy any of its inactive files that are at least five years old. No Files of the commission shall be deemed are not inactive until the commission is satisfied that they will be are of no further use.
Section 42-3-240. The commission shall publish annually for free distribution a report of the administration of this title, together with such recommendations as the commission deems considers advisable, and shall submit annually to the Governor and the General Assembly a report showing receipts, expenditures, and disbursements of the commission for the fiscal year terminating on June thirtieth preceding the time of such the report."
SECTION 5. Section 42-5-20 of the 1976 Code, as last amended by Act 459 of 1994, is further amended to read:
"Section 42-5-20. (A) Every Each employer who accepts the provisions of this title relative to the payment of compensation shall insure and keep insured his liability thereunder in any authorized corporation, association, organization, or mutual insurance association formed by a group of employers so authorized or shall furnish to the commission satisfactory proof of his financial ability to pay directly the compensation in the amount and manner and when due as provided for in this title. The commission may, under such those rules and regulations as it may prescribe, permit two or more employers in businesses of a similar nature to enter into agreements to pool their liabilities under the Workers' Compensation Law for the purpose of qualifying as self-insurers. In the case of self-insurers the commission shall require the deposit of an acceptable security, indemnity, or bond to secure the payment of the compensation liabilities as they are incurred. The Industrial commission shall have has exclusive jurisdiction of group self-insurers under this section, and such those group self-insurers shall are not be deemed considered to be insurance companies and shall may not be regulated by the Department of Insurance. Provided, further, that If any provision is made for the recognition of reinsurance of the self-insured fund, such the provision shall must expressly provide that the reinsurance agreement or treaty must recognize the right of the claimant to recover directly from the reinsurer and that such the agreement shall must provide for privity between the reinsurer and the workers' compensation claimant.
(B) In lieu Instead of submitting audited financial statements when an employer makes an application to self-insure with the commission, the commission shall accept the sworn statement or affidavit of an independent auditor verifying the financial condition of the employer according to the required financial ratios and guidelines established by regulation of the commission. The independent auditor must be a certified public accountant using generally acceptable accounting principles in the preparation of the financial statements of the employer."
SECTION 6. Section 42-5-190 of the 1976 Code, as last amended by Act 153 of 1989, is further amended to read:
"Section 42-5-190. Every Each employer carrying his own risk under the provisions of Section 42-5-20 shall report under oath to the South Carolina Workers' Compensation commission his actual cost incurred under the provisions of this title. The report must be made in the form prescribed by the commission by the fifteenth day of the third month following the close of the self-insurer's fiscal year. The commission shall assess against the actual cost incurred a maintenance tax computed by taking four and one-half percent of the actual cost of operating under the provisions of this title as determined by the commission. For fiscal year 1990-91, the maintenance tax is at the rate of three and one-half percent. For fiscal year 1991-92 and thereafter after that time, the maintenance tax is at the rate of two and one-half percent. The assessments must be paid to the commission which, in turn, shall deposit them with the State Treasurer. In the event of failure to pay If the tax is not paid within fifteen days of the date set forth provided in this section, the commission may assess against the self-insurer a penalty of five percent of the unpaid tax. If the self-insurer fails to pay the tax and penalty within fifteen days of notice by the commission, interest must be added to the amount of the deficiency at the rate of five percent for each month or fraction of a month from the date the tax was due originally until the date the deficiency is paid and the commission may initiate proceedings to withdraw the privilege of self-insuring in this State. The total maximum interest to be charged may not exceed twenty-five percent. The penalty under this section is payable to the commission and the interest must be remitted to the general fund."
SECTION 7. Section 42-7-200 of the 1976 Code, as last amended by Act 34 of 1998, is further amended to read:
"Section 42-7-200. (A) There is established within the office of the Second Injury Fund the South Carolina Workers' Compensation Uninsured Employers' Fund to ensure payment of workers' compensation benefits to injured employees whose employers have failed to acquire necessary coverage for employees. The fund must be administered by the director of the Second Injury Fund who shall establish procedures to implement this section.
When an employee makes a claim for benefits pursuant to Title 42 and the State Workers' Compensation commission determines that the employer is subject to Title 42 and is operating without insurance or as an unqualified self-insurer, the commission shall notify the fund of the claim. The fund shall pay or defend the claim as it considers necessary in accordance with the provisions of Title 42.
When the fund is notified of a claim, the fund may place a lien on the assets of the employer by way of lis pendens or otherwise so as to protect the fund from payments of costs and benefits. If the fund is required to incur costs or expenses or to pay benefits, the fund has a lien against the assets of the employer to the full extent of all costs, expenses, and benefits paid and may file notice of the lien with the clerk of court or register of deeds of any county in which the employer has assets in the same manner as the filing of South Carolina tax liens and with the Secretary of State in the same manner as utilized under Title 36 (Uniform Commercial Code). Any of the employer's assets sold or conveyed during the litigation of the claim must be sold or conveyed subject to the lien.
The fund has all rights of attachment set forth in Section 15-19-10 and has the right to proceed otherwise in the collection of its lien in the same manner as the Department of Revenue is allowed to enforce a collection of taxes generally pursuant to Section 12-49-10, et seq Chapter 49, Title 12. When all benefits due the claimant, as well as all expenses and costs of litigation, have been paid, the fund shall file notice of the total of all monies paid with the clerk of court in any county in which the employer has assets and with the Secretary of State. This notice constitutes a judgment against the employer and has priority as a first lien in the same manner as liens of the Department of Revenue, subject only to the lien of the Department of Revenue pursuant to Section 12-49-10, et seq Chapter 49, Title 12. If the employer files for bankruptcy or otherwise is placed into receivership, the fund becomes a secured creditor to the assets of the employer in the same manner as the Department of Revenue has priority for unpaid taxes, subject only to the lien of the Department of Revenue. The fund otherwise has all rights and remedies afforded the Department of Revenue as set forth in Section 12-54-10, et seq Chapter 54, Title 12.
(B) Nothing in this section precludes the South Carolina Workers' Compensation Uninsured Employers' Fund from entering into an agreement for the reimbursement of expenses, costs, or benefits paid by the fund. If an agreement is entered into subsequent to the filing of a lien, the lien may be canceled by the fund. Provided, however, an agreement between the fund and an employer under this section may provide that in the event if the employer breaches the terms or conditions of the agreement, the fund may file or reinstate a lien, as the case may be. For purposes of this section, the term 'costs' includes reasonable administrative costs which must be set by the director of the Second Injury Fund, subject to the approval of the Workers' Compensation commission.
(C) To establish and maintain the South Carolina Workers' Compensation Uninsured Employers' Fund, there must be earmarked from the collections of the tax on insurance carriers and self-insured persons provided for in Sections 38-7-50 and 42-5-190 an amount sufficient to establish and annually maintain the fund at a level of not less than two hundred thousand dollars.
(D) When an employee makes a claim for benefits pursuant to Title 42 and the records of the South Carolina Workers' Compensation commission indicate that the employer is operating without insurance, the South Carolina Workers' Compensation Uninsured Employers' Fund or any a person designated by the director may subpoena the employer or its agents and require the production of any documents or records which the fund considers relevant to its investigation of the claim. The subpoena shall be is returnable at the office of the fund or any place designated by it. In the case of refusal to obey a subpoena issued to any a person or an agent of any employer, a court of common pleas upon application of the fund may issue an order requiring the person or agent of an employer to appear at the fund and produce documentary evidence or give other evidence concerning the matter under inquiry."
SECTION 8. Article 3, Chapter 7, Title 42 of the 1976 Code is amended by adding:
"Section 42-7-315. Notwithstanding the provisions of Section 42-7-310, no claim for injury or disease filed on or after July 1, 2004, serves as the basis for reimbursement of sums paid by an employer or insurance carrier pursuant to the provisions of Sections 42-9-400 and 42-9-410. These claims for injury or disease filed on or after July 1, 2004, remain the responsibility of the employer or its insurance carrier."
SECTION 9. Section 42-7-310 of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"Section 42-7-310. (a) There is hereby established, under the Budget and Control Board, the Second Injury Fund for the purpose of making payments in accordance with the provisions of Section 42-9-400, Section 42-9-410, and this section. The fund shall must be administered by a director appointed by the State Budget and Control Board. The State Treasurer shall be is the custodian of the fund, and all monies and securities in the fund shall must be held in a separate and distinct trust account by the State Treasurer.
(b) Disbursements from the fund shall must be made with the approval of the director by forwarding a disbursement voucher, along with an itemized statement of payments and such other information as may be necessary to justify payment, to the Comptroller General who shall issue his warrant upon the State Treasurer in payment of the disbursement request.
Agreements to reimburse an employer or his carrier for compensation or medical benefits as provided in Section 42-9-400 or 42-9-410 shall must be forwarded to the commission for approval. If approved and unappealed, such agreements shall be are binding in the same manner as other orders, decisions, or awards of the commission.
When awards are made under Section 42-9-400 or 42-9-410 by the commission, it shall transmit to the director of the fund an official copy of such these awards which shall contain the name of the employer, carrier, and employee to whom benefits were originally paid, an itemized statement of payments, and such other information as may be necessary to constitute a full record of the case. Upon the receipt of such official award, the director of the fund, if he approves the award, shall forward a disbursement voucher, along with an official copy, to the Comptroller General who shall issue his warrant upon the State Treasurer in payment of the claim. If the director intends to litigate or otherwise contest the award, he shall notify the commission of such intention. Any Questions or controversies arising under this subsection shall must be decided by the commission in the procedural manner now provided under this title.
(c) The original funding of the Second Injury Fund shall must be in a manner as follows:
(1) From the State Accident Fund, the State Treasurer is hereby authorized and directed to transfer one hundred thousand dollars to be deposited in the Second Injury Fund.
(2) The State Treasurer is hereby authorized and directed to deposit in the Second Injury Fund one third of the workers' compensation premium tax.
(3) The State Treasurer shall deposit to the account of the Second Injury Fund the money authorized paid to the Workers' Compensation commission under Section 42-9-140.
(d) The funding of the Division of the Second Injury Fund on a continuing basis is by:
(1) deposits to the account of the fund by the State Treasurer of those monies authorized to be paid to the Workers' Compensation commission under Section 42-9-140; and
(2) equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Accident Fund. Each carrier shall make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal year less the amount of net assets in the fund as of June thirtieth of the preceding fiscal year which the normalized premium of each carrier bore to the normalized premium of all carriers during the preceding calendar year. Each insurance carrier, self-insurer, and the State Accident Fund shall make payment based upon workers' compensation normalized premiums during the preceding calendar year. The charge to each insurance carrier is a charge based upon normalized premiums. An employer who has ceased to be a self-insurer shall continue to be liable for any assessments into the fund on account of any benefits paid by him during such calendar year. Any An assessment levied or established in accordance with this section constitutes a personal debt of every employer or insurance carrier so assessed and is due and payable to the Second Injury Fund when payment is called for by the fund. In the event of failure to pay any If an assessment is not paid upon the date determined by the fund, the employer or insurance carrier may immediately may be assessed a penalty in an amount not exceeding ten percent of the unpaid assessment. If the employer or insurance carrier fails to pay the assessment and penalty, they shall be are barred from any recovery from the fund on all claims without exception until the assessment and penalty are paid in full. The director may file a complaint for collection against the employer or insurance carrier in a court of competent jurisdiction for the assessment, penalty, and interest at the legal rate, and the employer/carrier is responsible for attorney's fees and costs. The penalty and interest under this subsection are payable to the Second Injury Fund. At the time of the filing of the complaint, the fund shall also shall notify the South Carolina Department of Insurance and the South Carolina Workers' Compensation commission, and these government agencies shall take the appropriate legal and administrative action immediately.
(3) 'Normalized premium' is defined as gross paid losses before salvage and subrogation times a factor representing normalized expenses. Normalized expenses include taxes, licenses, fees, general expenses, profit, contingencies, and other expenses as reported on the Insurance Expense Exhibit of the NAIC Annual Statement blank. This normalized expense factor shall must be computed annually by the Workers' Compensation commission by August first of each year and must be based upon aggregate expense information obtained from the Department of Insurance derived from insurers' most recently filed annual statements.
(e) The director shall be is authorized to employ necessary staff for administering the fund, and the monies necessary for administration of the fund shall must be paid out of the fund. In furtherance of this purpose, the Attorney General shall appoint a member of his staff to represent the fund in all proceedings brought to enforce claims against the fund."
SECTION 10. Section 42-11-170 of the 1976 Code is amended to read:
"Section 42-11-170. The medical board shall must be chosen from the medical advisory panel, composed of medical experts appointed by the Governor who shall must be chosen from a list submitted by the executive committee of the South Carolina Medical Association, which list shall must be approved by the Industrial commission. The medical advisory panel shall include at least three doctors of medicine with no less than five years' specialization in the field of x-ray diagnosis and treatment, at least three doctors of medicine with no less than five years' specialization in pathology, at least three doctors of medicine with no less than five years' experience in the treatment and diagnosis of occupational diseases or who are specially qualified by training and experience as experts in the diagnosis and treatment of diseases in general and two doctors who are qualified for the treatment of pulmonary diseases. Members of the medical advisory panel shall serve for a term of two years and the Governor may from time to time fill vacancies as needed in the membership thereof from its lists submitted to him as provided in this section."
SECTION 11. Section 42-13-80 of the 1976 Code is amended to read:
"Section 42-13-80. (a) For any an ionizing radiation injury or disability, the employee shall be is entitled to all medical services, appliances, and supplies which are required by the nature of his injury or disability and which will relieve pain and promote and hasten his restoration to health and employment. The employer shall furnish such these services, appliances, and supplies and necessary replacements or repairs of such these appliances unless the need for such these replacements or repairs is due to lack of proper care by the employee.
(b) The Industrial commission, on competent medical advice, shall have authority to may determine the necessity, character and sufficiency of any medical services or medical rehabilitation furnished or to be furnished, and shall have authority to may order a change of physician, hospital or rehabilitation facility when, in its judgment, such the change is desirable or necessary."
SECTION 12. Section 42-13-90 of the 1976 Code is amended to read:
Section 42-13-90. (a) An employee covered by this chapter who, for reasons of injury or medically determined restrictions on radiation exposure, and whose skills are not transferable to equivalent work not involving radiation exposure, shall be is entitled to such vocational rehabilitation services, including retraining and job replacement, as may be reasonably necessary to restore him to suitable employment. If such these services are not voluntarily offered and accepted, the Industrial commission, on its own motion or upon application of the employee, after affording the parties an opportunity to be heard, may refer the employee to one or more qualified physicians or facilities for evaluation of the practicability of, the need for, and the kind of service, treatment or training necessary for and appropriate to render him fit for a remunerative occupation. Upon receipt and evaluation of such the report, the Industrial commission may order that the services and treatment recommended in the report, or such other rehabilitation treatment or service it may deem considers necessary, 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 Industrial 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 the facility or institution away from the employee's customary residence, reasonable cost of his board, lodging, and travel shall must be paid for by the employer.
(c) Refusal to accept rehabilitation services pursuant to order of the Industrial commission shall result in loss of compensation for each week of the period of refusal."
SECTION 13. Section 42-13-100 of the 1976 Code is amended to read:
"Section 42-13-100. Any A settlement which waives liability for possible subsequently appearing consequences of ionizing radiation injury or disability is invalid unless approved by the Industrial commission."
SECTION 14. Section 42-13-110 of the 1976 Code is amended to read:
"Section 42-13-110. The Industrial commission is hereby authorized may:
(1) To accept and administer loans, grants or other funds or gifts, conditional or otherwise, in furtherance of its function, from the federal government and other sources, public or private; and
(2) To require the keeping of radiation exposure records by employers covered under Section 42-13-20 of this chapter and the furnishing of such exposure records to the Industrial commission or its successor organizations upon request."
SECTION 15. Section 42-15-55 of the 1976 Code, as added by Act 371 of 1986, is amended to read:
"Section 42-15-55. When a minor or mentally incompetent person is a party in a proceeding before the Workers' Compensation commission of this State a guardian ad litem for the minor or mentally incompetent person may be appointed by a judge of probate, clerk of court, or master, if there is a master, of the county where the minor or mentally incompetent person resides or by any a circuit judge or a member of the Workers' Compensation commission."
SECTION 16. Section 42-15-95 of the 1976 Code, as last amended by Act 468 of 1994, is further amended to read:
"Section 42-15-95. All existing information compiled by a health care facility, as defined in Section 44-7-130, or a health care provider licensed pursuant to Title 40 pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation commission, within fourteen days after receipt of written request. A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per for each page for the first thirty pages and fifty cents per for each page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per for each request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an x-ray. Actual cost means the cost of materials and supplies used to duplicate the x-ray and the labor and overhead costs associated with the duplication. If a treatment facility or physician fails to send the requested information within forty-five days after receipt of the request, the person or entity making the request may apply to the commission for an appropriate penalty payable to the commission, not to exceed two hundred dollars."
SECTION 17. Section 42-17-30 of the 1976 Code, as last amended by Act 407 of 1990, is further amended to read:
"Section 42-17-30. The commission or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical examination of any employee and to testify in respect thereto to it. The physician or surgeon must be allowed traveling expenses and a reasonable fee in accordance with a fee schedule set by the commission. The commission may allow additional reasonable amounts in extraordinary cases. The commission or any member thereof has the discretion to order either party to pay the fees and expenses of the physician or surgeon, or the commission or any member thereof may order the parties to share responsibility for payment of the fees and expenses."
SECTION 18. Section 42-17-40 of the 1976 Code, as last amended by Act 55 of 1999, is further amended to read:
"Section 42-17-40. (A) The commission or any of its members hearing officer assigned to a claim shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue, must be filed with the record of the proceedings and a copy of the award must immediately must be sent to the parties in dispute. The parties may be heard by a deputy, in which event he shall swear or cause the witnesses to be sworn and shall transmit all testimony to the commission for its determination and award.
(B) In the event any commissioner If a hearing officer or any a member of his family residing in the commissioner's hearing officer's household or any an employee of the Workers' Compensation commission receives an injury in the course of employment, the case must be heard and determined by the circuit court judge in the county in which the injury occurred. The clerk of court shall docket these cases in the file book for the court of common pleas and these cases must be heard in that court. These cases may be called up for trial out of their order by either party an administrative law judge. An appeal from an order of the circuit court an administrative law judge, pursuant to this subsection, shall must be taken in the manner provided by the South Carolina Appellate Court Rules. If the order is not appealed, payment must be made as provided in Section 42-17-60. However, this subsection does not apply with respect to claims involving only medical benefits only; subsection (A) applies for claims solely only involving medical benefits, subsection (A) applies."
SECTION 19. Section 42-17-50 of the 1976 Code, as last amended by Act 197 of 1989, is further amended to read:
"Section 42-17-50. (A) Applications for review of decisions of hearing officers must be made to the South Carolina Administrative Law Court. If an application for review is made to the Commission Administrative Law Court within fourteen days from the date when notice of the award shall have been given, the commission Administrative Law Court shall review the award and, if good grounds be shown therefor, reconsider the evidence, receive further evidence, rehear the parties or their representatives and, if proper, amend the award.
(B) Each application for commission review must be accompanied by a fee equal to that charged in circuit court for filing a summons and complaint in order to defray the costs of the review. If the commission determines at the conclusion of the review that the appeal was without merit, it may charge, in its sole discretion, the appellant an additional fee not to exceed two hundred fifty dollars."
SECTION 20. 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 Administrative Law Court upon such the 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 after that time, may appeal from the decision of the commission Administrative Law Court 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, South Carolina Supreme Court in the same manner provided in the South Carolina Appellate Court Rules 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 Administrative Law Court 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."
SECTION 21. Section 42-17-70 of the 1976 Code is amended to read:
"Section 42-17-70. Any A party in interest may file in the court of common pleas of the county in which the injury occurred a certified copy of a memorandum of agreement approved by the commission, an order or decision of the commission or the Administrative Law Court, an award of the commission or the Administrative Law Court unappealed from or an award of the commission or the Administrative Law Court affirmed upon appeal, whereupon such where the court shall render judgment in accordance therewith with it and notify the parties. Such The judgment shall have has the same effect and all proceedings in relation thereto shall thereafter to it must be the same as though such the judgment had been rendered in a suit duly heard and determined by such the court. But if the judgment debtor shall file files a certificate duly issued by the commission, showing compliance with Section 42-5-20, with the clerk of the court in the county in which such the judgment is docketed, such the clerk shall make upon the judgment roll an entry showing the filing of such the certificate which shall operate as a discharge of the lien of such the judgment and no execution shall may be issued thereon on it. But if at any time there is default in the payment of any installment due under the award set forth in such the judgment the court may, upon application for cause and after ten days' notice to the judgment debtor, may order the lien of such the judgment restored and execution or other proper process may be immediately issued thereon on it for past due installments and for future installments as they may become due."
SECTION 22. 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. (A) Every Each 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.
(B) 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.
(C) 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 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 in item (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.
(D) 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 23. Section 42-19-50 of the 1976 Code, as added by Act 180 of 1985, is amended to read:
"Section 42-19-50. (A) Every Each insurance carrier providing coverage under the Workers' Compensation law shall file a report of coverage with the Industrial commission within thirty days from the inception date of the policy on forms prescribed by the commission.
(B) Any An insurance company who refuses or neglects to properly submit the required forms is liable for a penalty of not less than one hundred dollars and not more than two hundred fifty dollars for each day's refusal to so file. The fine provided for in this section may be assessed by the commission with the right to review and appeal as in other cases."
SECTION 24. Section 1-23-600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended by adding an appropriately lettered subsection to read:
"(F) A rotating panel of three administrative law judges as assigned by the Chief Judge shall hear applications for review of decisions of the Division of Workers' Compensation of the Department of Insurance."
SECTION 25. Section 1-23-610 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-23-610. (A) For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the circuit court under the provisions of (A) of this section subsection and pursuant to Section 1-23-610(C).
(B) For judicial review of any final decision of an administrative law judge of cases involving departments governed by the single director, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(C) For judicial review of any final decision of an administrative law judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(D) For judicial review of any final decision of a three-member administrative law judge panel in cases involving decisions of the Division of Workers' Compensation of the Department of Insurance, an appeal must be taken to the South Carolina Supreme Court as provided by the South Carolina Appellate Court Rules.
(E) The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency;
(c) made upon unlawful procedure;
(d) affected by other error of law;
(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(F) Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures, or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such appropriations or monies must continue to be used for these purposes after the effective date of this article."
SECTION 26. Section 1-23-640 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:
"Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, at the division's offices, or at suitable locations outside the City of Columbia as determined by the chief judge. Appeals from decisions of the Division of Workers' Compensation of the Department of Insurance must be heard at the division's principal offices in the City of Columbia."
SECTION 27. This act takes effect upon approval by the Governor.
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