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H. 3547

STATUS INFORMATION

General Bill
Sponsors: Rep. Clyburn
Document Path: l:\council\bills\dka\3157dw05.doc

Introduced in the House on February 15, 2005
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Provides for weekly compensation and provisions of medical treatment during a pending appeal

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/15/2005  House   Introduced and read first time HJ-8
   2/15/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-9

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/15/2005

TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONCLUSIVENESS OF AN AWARD BY THE WORKERS' COMPENSATION COMMISSION, AN APPEAL FROM THE DECISION AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO PROVIDE FOR THE PAYMENT OF WEEKLY COMPENSATION AND THE PROVISION OF MEDICAL TREATMENT ORDERED BY THE COMMISSION DURING THE PENDENCY OF AN APPEAL AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE UNPAID PORTION OF THE AWARD NOT PAID DURING THE PENDING OF AN APPEAL.

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

SECTION    1.    Section 42-17-60 of the 1976 Code, as last amended by Act 439 of 1990, is further amended to read:

"Section 42-17-60.    The award of the commission, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon such the review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice to be sent by registered mail of the award, but not thereafter after that time, may appeal from the decision of the commission to the court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, for errors of law under the same terms and conditions as govern appeals in ordinary civil actions. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission on questions of law, the appeal does not operate as a supersedeas and thereafter after that time the employer is required to make payment of the award weekly payments of compensation and to provide medical treatment ordered by the commission involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title. Interest accrues on unpaid portion of the award at the rate of 12.5 percent a year during the pendency of an appeal."

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

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