When the South Carolina Supreme Court issued its decision in Bentley v. Spartanburg County and S.C. Association of Counties SIF (Opinion No. 27140) in July 2012, there was little doubt the General Assembly would heed the Court’s call for reform of §42-1-160(B) and the requirement of “extraordinary and unusual” conditions to prove a compensable mental-mental injury… Continue Reading
Only Two Prefiled S.C. Bills Directly Address Workers’ Comp
Post by Founding Partner Stan Lacy Of the hundreds of prefiled bills for South Carolina’s upcoming two-year legislative session, only two directly address workers’ compensation. Compare this to 10 for the 2011-12 session, 11 for the 2009-2010 session, and 32 for the 2007-2008 session. If prefiled bills are any indication, it looks like this is going to be a… Continue Reading
Worth Watching in 2013: Bentley Decision leads to Workers’ Comp Reform Bill H. 3147
To borrow a line from the famed 19th century English poet Alfred Lord Tennyson, “Ring out the old, ring in the new.” With the introduction of South Carolina House Bill 3147, some legislators plan on doing that very thing. Proposed H. 3147 was prefiled December 2012 and comes at no real surprise following the South Carolina Supreme Court’s recent… Continue Reading
Is Change Coming? Further Examination of the Bentley Decision and Potential Legislative Reform
A strong call from the Bench for legislative reform . . . Now what? When the South Carolina Supreme Court issued its July 11, 2012 opinion in Bentley v. Spartanburg Co. and S.C. Association of Counties SIF, Opinion No. 27140, it strictly construed S.C. Code Ann. §42-1-160(B) to hold that a law enforcement officer’s… Continue Reading
Police officer not entitled to workers’ comp after killing a suspect
South Carolina Supreme Court rules as strict constructionist while advocating for reform. Though not as controversial as the recent United States Supreme Court rulings on health care and illegal immigration, a South Carolina Supreme Court ruling involving a police shooting has struck a blend of upholding and adhering to current South Carolina Workers’ Compensation Law… Continue Reading
