H 3835 Session 111 (1995-1996)
H 3835 General Bill, By House Labor, Commerce and Industry
Similar(S 728)
A Bill to amend Section 42-1-40, Code of Laws of South Carolina, 1976,
relating to definition of "average weekly wages" under the Workers'
Compensation Law, so as to delete certain language and provisions, and provide
that "average weekly wage" must be calculated by taking the total wages paid
for the last four quarters immediately preceding the quarter in which the
injury occurred as reported on the Employment Security Commission's employer
contribution reports divided by fifty-two or by the actual number of weeks for
which wages were paid, whichever is less; to amend Section 42-9-360, relating
to assignments of Workers' Compensation and exemptions from the claims of
creditors and taxes, so as to add provisions to the Section including, among
other things, the provision that it shall be unlawful for an authorized health
care provider to actively pursue collection procedures against a Workers'
Compensation claimant before the final adjudication of the claimant's claim;
and to amend Section 42-19-10, as amended, relating to the Workers'
Compensation Law and employers' records and reports of injuries, so as to
delete the current provisions of the Section, and provide, among other things,
that every employer shall keep a record of all injuries received by his
employees in the course of their employment on forms approved by the Workers'
Compensation Commission and that certain injuries must be reported in writing
to the Commission according to certain guidelines.
03/22/95 House Introduced, read first time, placed on calendar
without reference HJ-10
03/28/95 House Objection by Rep. Baxley, Delleney, Huff,
Clyburn, Howard, Cato, White, Richardson,
Jennings, Sharpe, S. Whipper, Elliott, Mason, R.
Smith & Rice HJ-40
04/05/95 House Read second time HJ-51
04/05/95 House Roll call Yeas-100 Nays-0 HJ-51
04/06/95 House Read third time and sent to Senate HJ-58
04/11/95 Senate Introduced and read first time SJ-23
04/11/95 Senate Referred to Committee on Judiciary SJ-23
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
March 22, 1995
H. 3835
Introduced by Labor, Commerce and Industry
Committee
S. Printed 3/22/95--H.
Read the first time March 22, 1995.
A BILL
TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE DEFINITION OF
"AVERAGE WEEKLY WAGES" UNDER THE
WORKERS' COMPENSATION LAW, SO AS TO DELETE
CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE
THAT "AVERAGE WEEKLY WAGE" MUST BE
CALCULATED BY TAKING THE TOTAL WAGES PAID FOR
THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING
THE QUARTER IN WHICH THE INJURY OCCURRED AS
REPORTED ON THE EMPLOYMENT SECURITY
COMMISSION'S EMPLOYER CONTRIBUTION REPORTS
DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF
WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS
LESS; TO AMEND SECTION 42-9-360, RELATING TO
ASSIGNMENTS OF WORKERS' COMPENSATION AND
EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND
TAXES, SO AS TO ADD PROVISIONS TO THE SECTION
INCLUDING, AMONG OTHER THINGS, THE PROVISION
THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED
HEALTH CARE PROVIDER TO ACTIVELY PURSUE
COLLECTION PROCEDURES AGAINST A WORKERS'
COMPENSATION CLAIMANT BEFORE THE FINAL
ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO
AMEND SECTION 42-19-10, AS AMENDED, RELATING TO
THE WORKERS' COMPENSATION LAW AND EMPLOYERS'
RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE
THE CURRENT PROVISIONS OF THE SECTION, AND
PROVIDE, AMONG OTHER THINGS, THAT EVERY
EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES
RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR
EMPLOYMENT ON FORMS APPROVED BY THE WORKERS'
COMPENSATION COMMISSION AND THAT CERTAIN
INJURIES MUST BE REPORTED IN WRITING TO THE
COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The first paragraph of Section 42-1-40 of the 1976
Code is amended to read:
"`Average weekly wages' means the earnings of the injured
employee in the employment in which he was working at the time
of the injury during the period of fifty-two weeks immediately
preceding the date of the injury, including the subsistence allowance
paid to veteran trainees by the United States Government if the
amount of such allowance is reported monthly by such trainee to
his employer, divided by fifty-two. `Average weekly
wage' must be calculated by taking the total wages paid for the last
four quarters immediately preceding the quarter in which the injury
occurred as reported on the Employment Security Commission's
Employer Contribution Reports divided by fifty-two or by the
actual number of weeks for which wages were paid, whichever is
less. If the injured employee lost more than seven
consecutive calendar days at one or more times during such period,
although not in the same week, then the earnings for the remainder
of such fifty-two weeks shall be divided by the number of weeks
remaining after the time so lost has been deducted. When the
employment prior to the injury extended over a period of less than
fifty-two weeks, the method of dividing the earnings during that
period by the number of weeks and parts thereof during which the
employee earned wages shall be followed, so long as results fair
and just to both parties will be obtained. Where, by reason of a
shortness of time during which the employee has been in the
employment of his employer or the casual nature or terms of his
employment, it is impracticable to compute the average weekly
wages as defined in this section, regard is to be had to the average
weekly amount which during the fifty-two weeks previous to the
injury was being earned by a person of the same grade and
character employed in the same class of employment in the same
locality or community."
SECTION 2. Section 42-9-360 of the 1976 Code is amended to
read:
"Section 42-9-360. (A) No claim for
compensation under this title shall be assignable and all
compensation and claims therefor shall be exempt from all claims
of creditors and from taxes.
(B) It shall be unlawful for an authorized health
care provider to actively pursue collection procedures against a
workers' compensation claimant prior to the final adjudication of
the claimant's claim. Nothing in this section shall be construed to
prohibit the collection from and demand for collection from a
workers' compensation insurance carrier or self-insured employer.
Violation of this section, after written notice to the provider from
the claimant or his representative that adjudication is ongoing, shall
result in a penalty of five hundred dollars payable to the workers'
compensation claimant.
(C) Any person who receives any fee or other consideration or
any gratuity on account of services so rendered, unless such
consideration or gratuity is approved by the commission or such
court, or who makes it a business to solicit employment for a
lawyer or for himself in respect of any claim or award for
compensation is guilty of a misdemeanor and, upon conviction,
must, for each offense, be punished by a fine of not more than five
hundred dollars or by imprisonment not to exceed one year or by
both such fine and imprisonment.
(D) Payment to an authorized health care provider for
services shall be made timely but no later than thirty days from the
date the authorized health care provider tenders request for payment
to the employer's representative, unless the commission has
received a request to review the medical bill."
SECTION 3. Section 42-19-10 of the 1976 Code, as last
amended by Section 15, Part II of Act 612 of 1990, 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 blanks approved by the
commission. Within ten days after the occurrence and knowledge
of it, as provided in Section 42-15-20, of an injury to an employee
requiring medical or surgical attention, a report of the injury must
be made in writing and mailed to the commission on blanks
approved by it for this purpose. However, for the injury of a South
Carolina National Guard member as provided for in Section
42-7-67, the ten days 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 for
South Carolina Workers' Compensation.
Such report shall contain the name, nature and location of the
business of the employer and the name, age, sex, wages and
occupation of the injured employee and shall state the date and hour
of the accident causing injury, the nature and cause of the injury
and such other information as may be required by the Commission.
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
may be filed in summary on a form and at a time prescribed by the
commission. Provided, however, this form may not be used to
report an injury to the back. 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, does not cause more than one lost
workday or permanency, the employer is not required to make a
written report to the commission or their 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
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 (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 4. This act takes effect upon approval by the
Governor.
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