South Carolina General Assembly
116th Session, 2005-2006

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H. 3553

STATUS INFORMATION

General Bill
Sponsors: Rep. Clyburn
Document Path: l:\council\bills\dka\3137dw05.doc

Introduced in the House on February 15, 2005
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Workers' compensation law and general disability payments

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   2/15/2005  House   Introduced and read first time HJ-10
   2/15/2005  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-11

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/15/2005

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

A BILL

TO AMEND SECTIONS 42-9-20 AND 42-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION PAID TO AN EMPLOYEE FOR PARTIAL DISABILITY AND THE AMOUNT OF COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO GIVE THE EMPLOYEE THE OPTION OF RECEIVING GENERAL DISABILITY PAYMENTS OR A SCHEDULED AWARD.

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

SECTION    1.    Section 42-9-20 of the 1976 Code is amended to read:

"Section 42-9-20.    Except as otherwise provided in Section 42-9-30, When the incapacity for work resulting from the injury is partial, the employee has the option of receiving either the benefits scheduled provided by Section 42-9-30 or the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during such the disability a weekly compensation equal to sixty-six and two-thirds percent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter after that time, but not more than the average weekly wage in this State for the preceding fiscal year. In no case shall The period covered by such the compensation may not be greater than three hundred forty weeks from the date of injury. In case the partial disability begins after a period of total disability, the latter period shall may not be deducted from a maximum period allowed in this section for partial disability."

SECTION    2.    The unnumbered paragraph immediately before item (1) of Section 42-9-30 of the 1976 Code is amended to read:

"In cases included in the following schedule, an injured employee has the option of receiving benefits pursuant to the provisions of Section 42-9-10 for total disability or the benefits pursuant to the provisions of Section 42-9-20 for partial disability or the disability in each case shall be deemed is considered to continue for the period specified and the compensation so paid for such the injury shall be is as specified therein, to wit in the schedule as follows:"

SECTION    3.    This act takes effect upon approval by the Governor.

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