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
No “Free Bite” – South Carolina’s Strict Liability for Dog Bites and Attacks
Sometimes man’s best friend is not so friendly. Other times a dog may be overly friendly or playful and cause an injury by jumping or pouncing. In either case, the alleged victim is going to turn to South Carolina’s “dog attack” statute, codified in S.C. Code Ann. § 47-3-110, which provides, in part: If a… Continue Reading
SC Workers’ Comp: Form Updates
The South Carolina Workers’ Compensation Commission has updated four of the Commission’s standard forms. Form 50-Employee’s Notice of Claim and/or Hearing RequestThe Employee must now note whether he/she admits to being at MMI. The form is also more clear on whether the Form 50 is being used for filing a claim or for requesting a… Continue Reading
Just in Time for the New Year: 2019 SC Max Comp Rate Announced
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
Act Now to Reduce Risk During Hurricane Florence: Urgent Information for the Retail and Hospitality Industries in South Carolina
Parts of South Carolina are in the forecast path of Hurricane Florence. If you are in the path and work in the retail and hospitality industries, now is the time to act in order to reduce the risk of claims during the storm. Do not attempt to capitalize on a crisis by raising… Continue Reading
S.C. Supreme Court Clarifies Successor Liability Standard
Court holds plaintiffs must prove three types of commonality Liability of a successor entity under South Carolina’s “mere continuation” rule continues to require commonality of ownership. However, the door may have been opened for successor liability in the absence of commonality of in the future. In Nationwide Mutual Insurance Company v. Eagle Window & Door,… Continue Reading
Top Five Form Fines from the S.C. Workers’ Comp Commission
Ashley R. Kirkham provides information for claims professionals and employers in order to help prevent fines from the South Carolina Workers’ Compensation Commission. 12A First Report of Injury. $200 initial fine, $5 per day for each additional day the form is not submitted. When a Notice of Claim (either by a Form 50 or letter… Continue Reading
South Carolina changes Workers’ Compensation Venue Law
Venue is now tied to hearing district, not county where injury occurred South Carolina lawmakers have changed the process for handling workers compensation hearings. Governor Henry McMaster signed H. 5153 into law in May. It amends section 42-17-20, which now reads: The hearing shall be held in the district in which the injury occurred, but… Continue Reading
South Carolina Supreme Court Rules on Automobile Insurance Policy Question
South Carolina law does not require punitive damages be apportioned pro rata between bodily injury and property damage in a split limits automobile insurance policy. In Government Employees Insurance Company v. Poole, 2018 WL 3300235, (S.C., 2018), the South Carolina Supreme Court answered “No” to the following question certified to it by the United States… 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
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