South Carolina General Assembly
108th Session, 1989-1990

Bill 4205


                    Current Status

Bill Number:               4205
Ratification Number:       521
Act Number                 439
Introducing Body:          House
Subject:                   Contents of notice of appeal
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A439, R521, H4205)

AN ACT TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO REQUIRE THAT A NOTICE OF APPEAL MUST STATE THE GROUNDS OF THE APPEAL OR THE ALLEGED ERRORS OF LAW.

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

Contents of Notice of Appeal

SECTION 1. Section 42-17-60 of the 1976 Code, as last amended by Act 677 of 1988, 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 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, 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 the employer is required to make payment of the award involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title."

Time effective

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

Approved the 24th day of April, 1990.