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
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.
Workers’ Compensation Commission announces Maximum Compensation Rate for 2020
The South Carolina Workers’ Compensation Commission has confirmed the maximum compensation rate for injuries occurring in 2020 is $866.67, an increase of $20.93 compared to the 2019 rate. The minimum compensation rate remains $75.00 per statute. The 2020 medical/pharmacy mileage reimbursement rate has decreased to $0.575 per mile, a half penny decrease from the 2019… 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
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
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
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
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
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