H 3329 General Bill, By Richardson, A.W. Byrd, R.C. Fulmer, R.J. Herdklotz, 
M.F. Jaskwhich, W.D. Keyserling, Koon, Littlejohn, Lloyd, Mason, Robinson, 
Sharpe and Simrill
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 42-9-450 so as to provide that the South Carolina Workers' Compensation
 Commission shall not allow the payment of any benefits under Title 42 to an
 injured employee or his dependents who receive similar benefits by virtue of
 federal law for the same injury, and require the Commission to take the
 necessary legal action to recover any benefits under Title 42 which are paid
 inadvertently or otherwise in contravention of the provisions of the Section.

   01/19/95  House  Introduced and read first time HJ-7
   01/19/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-8
   02/14/95  House  Tabled in committee Labor, Commerce and Industry

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-450 SO AS TO PROVIDE THAT THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION SHALL NOT ALLOW THE PAYMENT OF ANY BENEFITS UNDER TITLE 42 TO AN INJURED EMPLOYEE OR HIS DEPENDENTS WHO RECEIVE SIMILAR BENEFITS BY VIRTUE OF FEDERAL LAW FOR THE SAME INJURY, AND REQUIRE THE COMMISSION TO TAKE THE NECESSARY LEGAL ACTION TO RECOVER ANY BENEFITS UNDER TITLE 42 WHICH ARE PAID INADVERTENTLY OR OTHERWISE IN CONTRAVENTION OF THE PROVISIONS OF THIS SECTION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 42-9-450. Notwithstanding any other provision of law, the commission shall not allow the payment of any benefits under this title to an injured employee or his dependents who receive similar benefits by virtue of federal law from the United States Government, or any agency or quasi-agency of the United States Government, for the same injury. The commission shall institute legal proceedings as necessary to recover any benefits under this title which may have been paid, or which may have been authorized to be paid, inadvertently or otherwise in contravention of the provisions of this section."

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