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
Workers' Compensation Law Blog
The South Carolina Workers' Compensation Law Blog provides timely information and updates on legal issues related to the practice of workers' compensation law in the Palmetto State.
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
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
2017 Kids Chance Gala Review
The annual Kids Chance Gala was held Saturday, February 18th at the Marriott Hotel in downtown Columbia. The event was well attended, and the DJ kept the party going while having dinner! MC Derrick Williams held a live auction with the goal of raising enough money to fund one scholarship by Gala attendees’ donations alone… 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
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
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
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
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