Bill 282

                    Current Status

Bill Number:               282
Ratification Number:       164
Act Number                 92
Introducing Body:          Senate
Subject:                   "Surviving spouse" for purposes of Title
                           42 (workers' compensation);the
           designation of the average weekly wage of members of the State and
National
           Guard, volunteer firemen

(A92, R164, S282)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-175, SO AS TO DEFINE "SURVIVING SPOUSE" FOR PURPOSES OF TITLE 42 (WORKERS' COMPENSATION); TO AMEND TITLE 42 BY SUBSTITUTING THE TERM "SURVIVING SPOUSE" FOR THE TERMS "WIDOW" AND "WIDOWER"; TO AMEND SECTION 42-7-65, RELATING TO, AMONG OTHER THINGS, THE DESIGNATION OF THE AVERAGE WEEKLY WAGE OF MEMBERS OF THE STATE AND NATIONAL GUARD, VOLUNTEER FIREMEN, AND VOLUNTEER RESCUE SQUAD MEMBERS, SO AS TO PROVIDE THAT THE TOTAL AVERAGE WEEKLY WAGE FOR ALL VOLUNTARY FIREMEN OF ORGANIZED VOLUNTARY RURAL FIRE UNITS, VOLUNTARY MUNICIPAL FIREMEN, AND ALL MEMBERS OF ORGANIZED VOLUNTEER RESCUE SQUADS IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR, TO PROVIDE THAT NO ORGANIZED VOLUNTEER FIREMEN OR RESCUE SQUAD MEMBERS SHALL BE INCLUDED UNDER THE PROVISIONS OF TITLE 42 UNLESS APPROVED BY THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY, AND TO DELETE THE PROVISION THAT IT IS THE RESPONSIBILITY OF THE GOVERNING BODY OF EACH COUNTY AND MUNICIPALITY RECEIVING THE SERVICES OF VOLUNTARY FIREMEN AND VOLUNTARY RESCUE SQUAD MEMBERS TO INSURE THAT SUCH PERSONNEL ARE COVERED UNDER TITLE 42; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-301, SO AS TO PROVIDE FOR LUMP SUM PAYMENTS OF WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS AND FOR THE BURDEN OF PROOF, IN APPEAL PROCEEDINGS, AS TO ABUSE OF DISCRETION IN A FINDING BY THE INDUSTRIAL COMMISSION FOR A LUMP SUM PAYMENT; AND TO REPEAL SECTIONS 42-1-180 AND 42-1-190, RELATING TO THE DEFINITIONS OF "WIDOW" AND "WIDOWER", RESPECTIVELY, AND SECTION 42-9-300, RELATING TO LUMP SUM PAYMENTS OF WORKERS' COMPENSATION UNDER CERTAIN CONDITIONS AND THE BURDEN OF PROOF AS TO ABUSE OF DISCRETION, IN APPEAL PROCEEDINGS, REGARDING LUMP SUM PAYMENTS.

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

"Surviving spouse

SECTION 1. The 1976 Code is amended by adding:

"Section 42-1-175. The term 'surviving spouse' includes only the decedent's wife or husband living with or dependent for support upon the decedent at the time of the decedent's death or living apart from the decedent for justifiable cause or by reason of desertion by the decedent at such time."

Widow or widower

SECTION 2. Every section of each chapter of Title 42 of the 1976 Code which contains the terms "widow" or "widower" is amended by deleting such terms and substituting for them the term "surviving spouse".

Repeal

SECTION 3. Sections 42-1-180 and 42-1-190 of the 1976 Code are repealed.

Total average weekly wage

SECTION 4. Section 42-7-65 of the 1976 Code, as added by an act of 1983 bearing ratification number 58, is amended to read:

"Section 42-7-65. Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in such capacity, the total average weekly wage of the following categories of employees is deemed to be the following:

(1) For all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year.

(2) For all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

(3) For all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.

Such wage may not be increased as a basis for any computation of benefits because of employment other than for the Guard or as a volunteer. Persons in these categories must be notified of the limitation on average weekly wages prescribed herein by the authority responsible for obtaining coverage under this title.

Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. Provided, that no organized volunteer firemen or rescue squad members shall be included under the provisions of this title unless approved by the governing body of the county or municipality.

The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is deemed to be forty dollars per week."

Liability may be redeemed

SECTION 5. The 1976 Code is amended by adding:

"Section 42-9-301. Whenever any weekly payment has been continued for not less than six weeks, the liability therefor may, when the employee so requests and the commission deems it not to be contrary to the best interest of the employee or his dependents, or when it will prevent undue hardship on the employer or his insurance carrier, without prejudicing the interest of the employee or his dependents, be redeemed, in whole or in part, by the payment by the employer of a lump sum which shall be fixed by the commission, but in no case to be less than ninety percent of, nor to exceed, the commutable value of the future installments commuted so as not to exceed six percent nor to be less than two percent. The commission, however, in its discretion, may at any time in the case of a minor who has received permanently disabling injuries, either partial or total, provide that he be compensated, in whole or in part, by the payment of a lump sum, the amount of which shall be fixed by the commission but in no case to be less than ninety percent of, nor to exceed, the commutable value of the future installments which may be due under this title. Upon a finding by the commission that a lump sum payment should be made, the burden of proof as to the abuse of discretion in such finding shall be upon the employer or carrier in any appeal proceedings."

Repeal

SECTION 6. Section 42-9-300 of the 1976 Code is repealed.

Time effective

SECTION 7. This act shall take effect upon approval by the Governor.