South Carolina General Assembly
108th Session, 1989-1990

Bill 253

                    Current Status

Bill Number:               253
Ratification Number:       116
Act Number                 70
Introducing Body:          Senate
Subject:                   Claims of commissioners, family members,
                           employees; exception
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A70, R116, S253)

AN ACT TO AMEND SECTION 42-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, CONDUCT OF HEARING, AND AWARD, SO AS TO PROVIDE A PROCEDURE FOR THE HEARING AND DETERMINATION OF CLAIMS OF MEMBERS OF THE WORKERS' COMPENSATION COMMISSION, MEMBERS OF THEIR FAMILIES, OR EMPLOYEES OF THE COMMISSION, EXCEPT CLAIMS INVOLVING MEDICAL BENEFITS ONLY.

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

Claims of commissioners, family members, employees; exception

SECTION 1. Section 42-17-40 of the 1976 Code is amended to read:

"Section 42-17-40. (A) The commission or any of its members shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue, must be filed with the record of the proceedings and a copy of the award must immediately be sent to the parties in dispute. The parties may be heard by a deputy, in which event he shall swear or cause the witnesses to be sworn and shall transmit all testimony to the commission for its determination and award.

(B) In the event any commissioner or any member of his family residing in the commissioner's household or any employee of the Workers' Compensation Commission receives an injury in the course of employment, the case must be heard and determined by the circuit court judge in the county in which the injury occurred. The clerk of court shall docket these cases in the file book for the court of common pleas and these cases must be heard in that court. These cases may be called up for trial out of their order by either party. An appeal from an order of the circuit court judge, pursuant to this subsection, is to the Supreme Court of South Carolina, and notice of appeal must be given within fourteen days from the date the order of the circuit court judge is received by the parties. If the order is not appealed, payment must be made as provided in Section 42-17-60. However, this subsection does not apply with respect to claims involving medical benefits only; for claims solely involving medical benefits, subsection (A) applies."

Time effective

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