On December 17, 2018, the Full Commission approved the maximum compensation rate for 2019 at $845.74 for injuries arising on and after January 1, 2019. The Commission established the maximum compensation rate based on two thirds of the certified average weekly wage as reported by the South Carolina from July 1, 2017 through June 30,… Continue Reading
About Ellen Adams
Legal Alert: A New Opinion in Clemmons v. Lowe’s Home Center and the Law of Unintended Consequences
The Supreme Court withdrew its opinion in Clemmons v. Lowe’s Home Center and replaced it with a new opinion. The Court removed the language regarding the fact that Clemmons was actually working at the time of the hearing and, therefore, was not totally disabled. The Court mandated the use of regional impairment ratings in awards… Continue Reading
Commission Adopts Administrative Order to Implement Electronic Payment of Compensation
At the June 19, 2017 Business Meeting of the Full South Carolina Workers’ Compensation Commission, the Commissioners adopted an administrative Order pending changes to the regulations of the Commission to implement the option of electronic payment of compensation to injured workers. Although Section 42-9-450 was adopted by the legislature and signed by Governor McMaster on… Continue Reading
Sticks and Stones May Break Your Bones but Names Will Never. . .Settle Cases?
Since the mediation regulation passed, I have had the opportunity to act as mediator in many workers’ compensation cases. The skills of the attorneys on both sides in the S.C. Workers’ Compensation bar are truly humbling to encounter. I have heard countless openings by talented, zealous advocates on behalf of their clients. It occurred to me… Continue Reading
Tension Between Form 21 Hearings and the Mediation Statute
At the last business meeting, the Workers’ Compensation Commission grappled with tension between the requirement to hold a hearing within 60 days on an Employer’s Request for Hearing and the requirement that cases alleging permanent and total disability must be mediated prior to a hearing under the new mediation statute. Pursuant to S.C. Code Ann.… Continue Reading
New 2% Net Present Value Rate is Now Effective
June 27, 2014. Perhaps not a day that will “live in infamy,” but it is important nonetheless to stakeholders of the South Carolina Workers’ Compensation system. Prior to June 27, 2014, all lump sum payments were commuted at a 5% discount. The regulation became the rule when it was published in the State Registry June… Continue Reading
Updated Settlement Conference Procedures
Post by Ellen Adams The South Carolina Workers’ Compensation Commission recently issued an Advisory Notice regarding settlement conferences. The Commission requires a Form 14B from the authorized treating physician be submitted at the time of the request for the settlement conference for all cases arising on or after July 1, 2007. The Carrier may submit… Continue Reading
Greg Line Announces His Retirement from the SCWCC
Post by Ellen Adams It is with mixed emotions that I write this blog. Today we learned that Greg Line, the Director of Claims at the South Carolina Workers’ Compensation Commission, announced his retirement effective July 1, 2013. Greg has been at the Commission since 1981. Anyone who has had the opportunity to interact with… Continue Reading
One Step Closer – Joint Resolution adopted for Mediation Regulations
The Senate Judiciary has adopted a Joint Resolution approving R 4286, Mediation Regulations. The mediation regulations for the South Carolina Workers’ Compensation Commission have been a recurring theme of the Collins & Lacy blogs of late. Post by Ellen Adams Commission Executive Director Gary Cannon tells me if the General Assembly takes no further action, the regulations will… Continue Reading
SC Senate Unanimously Confirms Attorney Aisha Taylor to the Workers’ Comp Commission
Post by Managing Partner Ellen Adams Please join me in congratulating our Aisha Taylor, who has just been unanimously confirmed by the South Carolina Senate as a Workers’ Compensation Commissioner. Aisha was appointed to the position in early December, and her swift confirmation process has received praise from the South Carolina Chamber of Commerce. Aisha Taylor is one… Continue Reading