South Carolina General Assembly
117th Session, 2007-2008

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S. 384

STATUS INFORMATION

General Bill
Sponsors: Senators Land, Hawkins, Knotts and Rankin
Document Path: l:\council\bills\nbd\11233ab07.doc

Introduced in the Senate on January 31, 2007
Currently residing in the Senate Committee on Judiciary

Summary: Workers' compensation

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/31/2007  Senate  Introduced and read first time SJ-19
   1/31/2007  Senate  Referred to Committee on Judiciary SJ-19
   2/15/2007  Senate  Referred to Subcommittee: Martin (ch), Hutto, Ritchie, 
                        Lourie

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/31/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERIOD WITHIN WHICH MEDICAL, SURGICAL, HOSPITAL, AND OTHER TREATMENT MUST BE FURNISHED AND THE REFUSAL OF AN EMPLOYEE TO ACCEPT TREATMENT IN WORKERS' COMPENSATION CASES, SO AS TO PROVIDE THAT THE EMPLOYEE HAS THE RIGHT TO SELECT HIS TREATING PHYSICIAN, TO DELETE THE REQUIREMENT THAT THE DISABILITY OF AN INJURED EMPLOYEE MUST BE TOTAL AND PERMANENT TO RECEIVE TREATMENT OR CARE PAYMENTS DURING THE LIFE OF THE INJURED EMPLOYEE, AND TO DELETE THE PROVISION WHICH PROVIDES FOR PAYMENT TO AN INJURED EMPLOYEE WITHOUT REGARD TO ANY LIMITATION, INCLUDING THE MAXIMUM COMPENSATION LIMIT.

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

SECTION    1.    Section 42-15-60 of the 1976 Code is amended to read:

"Section 42-15-60.    (A)    Medical, surgical, hospital, and other treatment, including medical and surgical supplies as may reasonably may be required, for a period not exceeding ten weeks from the date of an injury to effect a cure or give relief and for such an additional time as in the judgment of the commission will tend to lessen the period of disability and, in addition thereto to it, such the original artificial members as may be reasonably necessary at the end of the healing period shall must be provided by the employer. In case of a controversy arising between employer and employee, the commission, in its discretion, may order such further medical, surgical, hospital, or other treatment as may in the discretion of the commission be necessary. During the whole or any part of the remainder of disability resulting from the injury, the employer may, at his own option, continue to furnish or cause to be furnished, employee may select his attending physician free of charge to the employee, and the employee employer shall accept an the attending physician, unless otherwise ordered by the commission and, in addition, such the surgical and hospital service and supplies as may be deemed considered necessary by such attending the authorized treating physician or the commission. The refusal of an employee to accept any medical, hospital, surgical, or other treatment when provided by the employer authorized treating physician or ordered by the commission shall bar such bars the employee from further compensation until such the refusal ceases and no compensation shall at any time be is not paid for the period of suspension unless in the opinion of the commission the circumstances justified the refusal, in which case the commission may order a change in the medical or hospital service. If in an emergency on account of the employer's failure to provide the medical care as specified in this section a physician other than provided by the employer the authorized treating physician is called to treat the injured employee the reasonable cost of such the service shall must be paid by the employer if so ordered by the commission.

(B)    In cases in which total and permanent disability results, reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall must be paid during the life of the injured employee, without regard to any limitation in this title including the maximum compensation limit. In cases of partial permanent in which disability results, prosthetic devices shall must be also furnished during the life of the injured employee or so long as they are necessary."

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

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