Current Status Introducing Body:House Bill Number:4089 Primary Sponsor:Cromer Committee Number:26 Type of Legislation:GB Subject:Workers' Compensation Commission, special hearing Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:BBM/9576.JM Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:Jan 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cromer Rudnick Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4089 House Jan 14, 1992 Introduced, read first time, 26
referred to Committee
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TO AMEND SECTION 42-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON COMPENSATION WHICH IS PAYABLE, SO AS TO PROVIDE FOR A SPECIAL HEARING TO EXPEDITE THE MATTERS AT ISSUE ON AN EMERGENCY BASIS PRIOR TO THE OTHER HEARING PROVIDED FOR IN THIS SECTION WHENEVER THE EMPLOYEE HAS DIED AND HIS SURVIVING SPOUSE OR OTHER SURVIVING DEPENDENT WAS WHOLLY DEPENDENT ON HIS INCOME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-17-20 of the 1976 Code is amended to read:
"Section 42-17-20. If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this title within fourteen days after the employer has knowledge of the injury or after a death or if they have reached such an agreement which has been signed and filed with the commission and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payment under such the agreement, either party may make application to the commission for a hearing in regard to the matters at issue and for a ruling thereon. Immediately after such the application has been received the commission shall set a date for a hearing, which shall must be held as soon as practicable, and shall notify the parties at issue of the time and place of such the hearing. The hearing shall must be held in the city or county in which the injury occurred, unless otherwise agreed to by the parties and authorized by the commission. However, whenever the employee has died and his surviving spouse, or, if there is no surviving spouse, then his other surviving dependent, was wholly dependent on the deceased employee's income, such spouse, or other dependent as the case may be, may request a special hearing to expedite the matters at issue on an emergency basis prior to the other hearing provided for in this section. Immediately after the request for the special emergency hearing has been received by the commission, the commission shall set a date for the hearing, which must be held as soon as practicable, and shall notify the parties at issue of the time and place of the hearing, which must be held in the city or county in which the injury giving rise to the death occurred, unless otherwise agreed to by the parties and authorized by the commission."
SECTION 2. This act takes effect upon approval by the Governor.