Bill 283

                    Current Status

Bill Number:               283
Ratification Number:       486
Act Number:                417
Introducing Body:          Senate
Subject:                   Relating to the amount of workers'
                           compensation for total disability, the five
                           hundred week limitation on compensation, and
                           the definition of "total and permanent
                           disability"

(A417, R486, S283)

AN ACT TO AMEND SECTION 42-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR TOTAL DISABILITY, THE FIVE HUNDRED WEEK LIMITATION ON COMPENSATION, AND THE DEFINITION OF "TOTAL AND PERMANENT DISABILITY", SO AS TO PROVIDE AN EXCEPTION TO THE FIVE HUNDRED WEEK LIMITATION FOR ANY PERSON DETERMINED TO BE TOTALLY AND PERMANENTLY DISABLED WHO AS A RESULT OF A COMPENSABLE INJURY IS A PARAPLEGIC, A QUADRAPLEGIC, OR WHO HAS SUFFERED PHYSICAL BRAIN DAMAGE AND PROVIDE THAT THIS PERSON SHALL RECEIVE THE BENEFITS FOR LIFE, AND TO PROVIDE THAT NO TOTAL LUMP SUM PAYMENT MAY BE ORDERED BY THE INDUSTRIAL COMMISSION IN ANY CASE UNDER SECTION 42-9-10 WHERE THE INJURED PERSON IS ENTITLED TO LIFETIME BENEFITS.

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

Weekly compensation

SECTION 1. Section 42-9-10 of the 1976 Code, as last amended by Act 500 of 1978, is further amended to read:

"Section 42-9-10. When the incapacity for work resulting from an injury is total, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during the total disability, a weekly compensation equal to sixty-six and two-thirds percent of his average weekly wages, but not less than twenty-five dollars a week nor more than the average weekly wage in this State for the preceding fiscal year and in no case may the period covered by the compensation exceed five hundred weeks except as hereinafter provided.

The loss of both hands, arms, feet, legs, or vision in both eyes, or any two thereof, constitutes total and permanent disability, to be compensated according to the provisions of this section.

Notwithstanding the five hundred week limitation prescribed in this section or elsewhere in this title, any person determined to be totally and permanently disabled who as a result of a compensable injury is a paraplegic, a quadraplegic, or who has suffered physical brain damage is not subject to the five hundred week limitation and shall receive such benefits for life.

Notwithstanding the provisions of Section 42-9-301, no total lump sum payment may be ordered by the commission in any case under this section where the injured person is entitled to lifetime benefits."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.