South Carolina General Assembly
107th Session, 1987-1988

Bill 747

                    Current Status

Bill Number:               747
Ratification Number:       443
Act Number                 410
Introducing Body:          Senate
Subject:                   Workers' Compensation Commission
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A410, R443, S747)

AN ACT TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE THAT THE AMOUNT OF THE PENALTY IMPOSED UPON THE CARRIER OR EMPLOYER IN THE EVENT OF IMPROPER TERMINATION OR SUSPENSION OF BENEFITS MUST BE PAID TO THE EMPLOYEE, IN ADDITION TO THE AMOUNT OF BENEFITS WITHHELD.

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

Penalty, benefits withheld; payment to employee

SECTION 1. Section 42-9-260 of the 1976 Code is amended to read:

"Section 42-9-260. Upon making the first payment, the employer shall immediately notify the Commission, in accordance with a form prescribed by the Commission, that payment of compensation has begun.

The Commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule must provide for an evidentiary hearing and Commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the Commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.

Failure to comply with such rules as to termination or suspension of benefits must result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior Commission approval, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."

Time effective

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