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
Another Year, a Higher Maximum Compensation Rate
We generally are pleased with the economy when it grows and income rises. Last year was no different. While income increased on average only a small percentage, our maximum compensation rate, which is tied to the state’s average income, rose with it. The 2017 maximum compensation rate is $806.92. It is equal to the average weekly… Continue Reading
Constitutional Rights vs. The Exclusive Remedy Doctrine
The Workers’ Compensation Act evolved from what is often called the “Grand Bargain.” Injured workers cannot sue their employers for work-related injuries in exchange for a no fault system in which the injured worker does not have to prove negligence and the employer provides sure and timely medical and indemnity benefits defined by statute. In… Continue Reading
There’s a New Blog in Town
I am about to begin my thirty-fifth year teaching workers’ compensation as an adjunct professor at the USC School of Law. Last month, I received an email from Mike Duff who teaches workers’ compensation at the University of Wyoming asking if I would like to join him and a core group of workers’ compensation professors… Continue Reading
Getting to “Yes”!
In their book, “Getting to YES, Negotiating Agreement without Giving In,” Roger Fisher and William Ury discuss alternatives to positional negotiating. It is a must read for all mediators and a strongly suggested read for any attorney who participates in the negotiation process. Positional negotiating is what we see in most workers compensation mediations. Each… Continue Reading
A Change in Direction for Change in Condition?
On January 20, 2016, the South Carolina Court of Appeals handed down its opinion in Russell v. Wal-Mart Stores, Inc., 2016 WL 231216, and held that claimant is not required to prove a change of condition by objective evidence. Russell injured her back on November 3, 2009 lifting something heavy. Because she was pregnant, diagnostic… Continue Reading
New Year Means New Rate
It is a new year, and with that comes a new maximum compensation rate for workers’ compensation claimants in South Carolina. The new maximum weekly compensation rate for accidents occurring on or after January 1, 2016 is $784.03. This new maximum compensation rate was determined by the South Carolina Department of Employment and Workforce’s certification… Continue Reading
South Carolina has a New Medical Services Provider Manual for the First Time in Five Years!
Why You Should Care… The South Carolina Workers’ Compensation Commission publishes two sets of policy and procedure manuals, commonly referred to as fee schedules, for the cost of providing medical care to injured workers. One schedule is for places, such as hospitals and outpatient facilities, where medical care is provided; the other is for the… Continue Reading
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