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Current Status Bill Number:View additional legislative information at the LPITS web site.3545 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990217 Primary Sponsor:Clyburn All Sponsors:Clyburn, Howard, J. Hines, Mack and J.H. Neal Drafted Document Number:l:\council\bills\nbd\11152jm99.doc Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation settlement agreements; employer to file within five days of consummation 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 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED BY THE EMPLOYER WITH, AND APPROVED BY ONLY ONE MEMBER OF, THE WORKERS' COMPENSATION COMMISSION IF THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, AND PROVIDE THAT, WHEN THE EMPLOYEE IS REPRESENTED BY AN ATTORNEY, THE EMPLOYER MUST FILE THE SETTLEMENT AGREEMENT WITH THE COMMISSION WITHIN FIVE DAYS OF CONSUMMATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-9-390 of the 1976 Code is amended to read:
"Section 42-9-390. Nothing contained in this chapter may be construed so as to prevent settlements made by and between an employee and employer so long as the amount of compensation and the time and manner of payment are in accordance with the provisions of this title. A copy of the settlement agreement must be filed by the employer with and approved by only one member of the commission if the employee is represented by an attorney. When the employee is represented by an attorney, the employer must file the settlement agreement with the commission within five days of consummation. If the employee is not represented by an attorney, a copy of the settlement agreement must be filed by the employer with and approved by four members of the commission."
SECTION 2. This act takes effect upon approval by the Governor.
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