To borrow a line from the famed 19th century English poet Alfred Lord Tennyson, “Ring out the old, ring in the new.” With the introduction of South Carolina House Bill 3147, some legislators plan on doing that very thing. Proposed H. 3147 was prefiled December 2012 and comes at no real surprise following the South Carolina Supreme Court’s recent… Continue Reading
Employee Misconduct Equals Missed Benefits
With the strike of a pen and the fanfare of cameras and reporters, Governor Haley announced the passage of new legislation modifying the existing South Carolina law on eligibility for unemployment benefits. The new law, S.C. Code Ann. §41-35-120(2), allows for a period of five (5) months or twenty (20) weeks of ineligibility of benefits… Continue Reading
Police officer not entitled to workers’ comp after killing a suspect
South Carolina Supreme Court rules as strict constructionist while advocating for reform. Though not as controversial as the recent United States Supreme Court rulings on health care and illegal immigration, a South Carolina Supreme Court ruling involving a police shooting has struck a blend of upholding and adhering to current South Carolina Workers’ Compensation Law… Continue Reading
Navigating the Rules of Unpaid Internships
It is the time of year when companies may be approached by students looking to acquire some experience in the workplace. An internship can be an attractive option for both the student and the employer, but there are a few things to be aware of when instituting such a program, especially if it is an… Continue Reading
Public Hearing Today on Regulation 67-706 (R4283) Oral Argument
Post by Christian Boesl This morning, the South Carolina Workers’ Compensation Commission (SCWCC) will conduct a public hearing to receive comments on the proposed changes to Regulation 67-706 (R4283) Oral Argument. The proposed regulation will include the addition of a subsection “D” which would require parties to be present in the designated waiting area of the… Continue Reading
To Produce or Not Produce – that is the Question
Your claim starts with the all too common red flag of whether this is an accepted or denied claim. You secure a statement from the claimant. While litigating this claim, your defense counsel recommends surveillance. You put surveillance on Claimant for three days and capture 15 minutes of Claimant doing work and activities in contradiction… Continue Reading
S.C. Supreme Court Case Reversal
Sandra Bartley v. AllendaleCountySchool District, Employer, and South Carolina School Board Insurance Trust, Carrier, Respondents Hearing Date – March 1, 2011 Filed April 11, 2011 A recent South Carolina Supreme Court case has emphasized the need for carriers, employers and their respective counsel to be vigilant in examining claims involving aggravation of a preexisting condition… Continue Reading
Why the Mail will Stop on July 1, 2011
Post by Christian Boesl Don’t worry; I am not Nostradamus or Glenn Beck. I am not predicting the Federal Government will shut down because of a budget crisis (although I would not be surprised if it did), but I am predicting that mail carrying “required information” will not reach the South Carolina Second Injury Fund… Continue Reading
The Effect of Child Support Liens on Your Settlement
Greetings! It is a pleasure to be able to blog with you for the next couple weeks. Before I get into the “nuts and bolts” of some workers’ comp tips, I’d like to tell you a little more about myself. I am a husband and father of three. I love spending time with my family. These days,… Continue Reading