Bill 281

                    Current Status

Bill Number:               281
Ratification Number:       292
Act Number:                276
Introducing Body:          Senate
Subject:                   Relating to workers compensation
                           liability

(A276, R292, S281)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-430, SO AS TO PROVIDE THAT AN INDUSTRIAL COMMISSIONER MAY REQUIRE MULTIPLE PARTIES INVOLVED IN A DISPUTE AS TO WHICH ONE OF THOSE PARTIES IS SOLELY LIABLE FOR THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO AN INJURED EMPLOYEE TO SHARE EQUALLY IN THE IMMEDIATE PAYMENT OF THE BENEFITS AND TO REQUIRE THE PARTY WHO IS DETERMINED TO BE SOLELY LIABLE TO REIMBURSE ALL OTHER PARTIES FOR THE BENEFITS THEY HAVE PAID, WITH INTEREST.

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

Workers' compensation benefits

SECTION 1. The 1976 Code is amended by adding:

"Section 42-9-430. Whenever a dispute arises between two or more parties as to which party is liable for the payment of workers' compensation benefits to an injured employee pursuant to the provisions of this title and there is no genuine issue of material fact as to the employee's employment, his average weekly wage, the occurrence of an injury, the extent of the injury, and the fact that the injury arose out of and in the course of the employment, the hearing commissioner may, in his discretion, require the disputing parties involved to pay benefits immediately to the employee and to share equally in the payment of those benefits until it is determined which party is solely liable, at which time the liable party must reimburse all other parties for the benefits they have paid to the employee with interest at the legal rate of interest provided in Section 34-31-20(A)."

Time effective

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