H 3329 Session 111 (1995-1996)
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.
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