First, let me use my time here to say “Go Gamecocks!” As a USC alumni and proud wife of former Gameock baseball player, Arik Hempy, this national championship victory is near and dear to my heart.
Now to the real reason for my post this morning. Here is a quick workers’ comp case law update and practice point garnered from a case recently decided in the South Carolina Court of Appeals.
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| Post by Anne Marie Hempy |
The Court of Appeals recently interpreted S.C. Code. Ann. § 42-9-90, and no longer are penalties within the discretion of the Commission. If payment is not made within the 14 days set forth in the statute, a 10% penalty is required.
Practice Point: From now on, defense counsel and carriers must pay extra attention to insure prompt payment pursuant to an agreement or order.