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Bill 3541

                    Current Status

Bill Number:                      3541
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990217
Primary Sponsor:                  Clyburn
All Sponsors:                     Clyburn, Gourdine, J. Hines, Howard, Mack 
                                  and J.H. Neal
Drafted Document Number:          l:\council\bills\nbd\11156jm99.doc
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Workers' compensation awards, appellant 
                                  to give Commission notice of appeal within 
                                  statutory time limits


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990217  Introduced, read first time,           26 HLCI
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, THE AWARD PROCEDURE, CONCLUSIVENESS OF THE AWARD, APPEAL, AND PAYMENT OF WORKERS' COMPENSATION DURING APPEAL, SO AS TO REQUIRE THE APPELLANT TO GIVE NOTICE TO THE WORKERS' COMPENSATION COMMISSION, WITHIN THE STATUTORY TIME LIMITS, OF ANY NOTICES OF APPEAL, ACTIONS TAKEN, OR ORDERS ISSUED BY ANY CIRCUIT COURT, THE COURT OF APPEALS, OR THE SUPREME COURT.

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

SECTION 1. Section 42-17-60 of the 1976 Code, as last amended by Act 439 of 1990, 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. The appellant shall give notice to the commission, within the statutory time limits, of any notices of appeal, actions taken, or orders issued by any circuit court, the court of appeals, or the Supreme Court. 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."

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

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