The South Carolina Workers’ Compensation Commission has updated four of the Commission’s standard forms. Form 50-Employee’s Notice of Claim and/or Hearing RequestThe Employee must now note whether he/she admits to being at MMI. The form is also more clear on whether the Form 50 is being used for filing a claim or for requesting a… Continue Reading
About Ashley Kirkham
Top Five Form Fines from the S.C. Workers’ Comp Commission
Ashley R. Kirkham provides information for claims professionals and employers in order to help prevent fines from the South Carolina Workers’ Compensation Commission. 12A First Report of Injury. $200 initial fine, $5 per day for each additional day the form is not submitted. When a Notice of Claim (either by a Form 50 or letter… Continue Reading
South Carolina changes Workers’ Compensation Venue Law
Venue is now tied to hearing district, not county where injury occurred South Carolina lawmakers have changed the process for handling workers compensation hearings. Governor Henry McMaster signed H. 5153 into law in May. It amends section 42-17-20, which now reads: The hearing shall be held in the district in which the injury occurred, but… Continue Reading
New Governor, New State Legislative Session, New Workers’ Compensation Laws?
The 122nd South Carolina General Assembly convened for its first regular session on January 10, 2017. There are a few bills proposed in the House and Senate regarding the South Carolina Workers’ Compensation Act. Some bills are similar to bills proposed in recent years that did not become law, and a few are new proposals.… Continue Reading
Employers May Now Be Responsible for Injuries Sustained on Public Roads
The South Carolina Supreme Court essentially abandoned 19 years of court precedence by finding the divided premises rule applies to injuries sustained while on a public street traveling from one employer-controlled location to another employer-controlled location. The state’s highest court, with all justices agreeing, overturned the single commissioner, full commission, and state Court of Appeals… Continue Reading
Use a Third Party Claim as Leverage to Get Your Workers’ Compensation Claim CLINCHERED
If an employee was injured in the course and scope of employment because of a third party, the employer/carrier has a lien against proceeds the employee receives from the third party. For example, if your employee was driving to the bank to make a deposit for his or her employer, if the employee is hit… Continue Reading
Finally! A South Carolina Questions & Answers Guide to Workers’ Compensation
The Collins and Lacy team partnered with Practical Law to create a South Carolina Questions and Answers Guide to Workers’ Compensation. This guide provides employers, adjusters, and other workers’ compensation professionals with a basic overview of the South Carolina Workers’ Compensation Act and relevant case law. It will answer your general South Carolina workers’ compensation… Continue Reading
2016 Denim & Diamonds Gala for Kids’ Chance of South Carolina
The third annual Kids’ Chance of South Carolina Denim and Diamonds Gala was held last Saturday, February 20, 2016 at the Marriott in downtown Columbia. More than 150 people attended, along with two scholarship recipients and keynote speaker Judge Manning. Early donations show the gala raised over $25,000 to be used to provide scholarships to… Continue Reading
Should Your Business Have to Pay Workers’ Compensation Temporary Disability to an Employee Who Was Terminated for Cause?
Employers should be cautious when terminating an employee on light duty restrictions as the result of a work accident. Pursuant to Section 42-9-260, when an employee is out of work due to a reported work-related injury or occupational disease, the employee is entitled to temporary benefits. Disability, and thus entitlement to disability benefits, is the… Continue Reading
Bus Driver’s Aneurysm Found Compensable
The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. Thomas v. 5 Star Transportation, Opinion No. 5298 (Ct. App. 2015). Compensability 5 Star employed George as a tour bus driver. On… Continue Reading