The Court of Appeals issued an interesting ruling relating to the compensability of death due to alcoholism and a claimant’s right to allege bad faith. Specifically, the Court held Claimant’s ultimate death due to alcoholism was not causally related to his right rotator cuff injury—incurred roughly two years prior. In support of this, it appears the… Continue Reading
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South Carolina Workers’ Compensation Commission to Reactivate Fines for Reports and Forms on May 1, 2020
As of May 1, 2020, the South Carolina Workers’ Compensation Commission will begin to issue fines for reports and forms not timely filed by their respective due date. The Commission briefly suspended issuing fines at the end of November 2019 during the implementation of KERMIT. Now is the time to review your South Carolina claims… Continue Reading
FDA approval could impact workers’ compensation: Generic form of Lyrica significantly reduces medical exposure
On July 22, 2019, the FDA announced approval for a generic version of Lyrica, a popular drug for nerve pain. The patent for Lyrica expired on June 19, 2019. Lyrica currently costs roughly $9 a pill, while the generic version costs about 57 cents per pill. This drastically reduces prescription medication exposure in workers’ compensation claims… Continue Reading
New S.C. Supreme Court Ruling Affects the Statute of Limitations for a Change of Condition and Allows the Commission to Unilaterally Schedule Hearings
Earlier this week the South Carolina Supreme Court affirmed the Court of Appeals decision in Tucker v. S.C. Dept. of Transportation, Opinion No. 27906 (July 24, 2019). Filing a Form 50, Notice of Claim, within the year after the last payment of compensation will preserve the Claimant’s right to assert a change of condition. The… Continue Reading
Workers’ Compensation: Filing Fee Increase Takes Effect in South Carolina
The South Carolina Workers’ Compensation Commission has increased its filing fee. As of August 1, 2018, it is increased from $25.00 to $50.00. This fee is required when filing a request for a hearing, motion, or settlement documents. The purpose behind the increase is to fund the Commission’s IT Legacy Modernization Program. This program is… Continue Reading
Supreme Court Upends Back Ratings
The Supreme Court of South Carolina ruled claimant’s ability to hold gainful employment does not, alone, preclude a finding of total and permanent disability based on more than 50% to the back. Further, the Supreme Court decided that regional spine impairments were actually impairments to the “back” within the meaning of the Act. This is… Continue Reading
