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
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
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
Collins & Lacy Co-Founder is Honored as Midlands’ Legal Elite
[COLUMBIA, S.C. October 14, 2015] – Collins & Lacy, P.C. is pleased to announce attorney Stan Lacy has been selected to Columbia Business Monthly’s 2015 Legal Elite of the Midlands for his work in Workers’ Compensation. The Legal Elite of the Midlands is an annual award given to the top lawyers in 20 different practice… Continue Reading
Kickball Game Organizer Covered When Injured During Game
In a 3-2 decision the Supreme Court reversed the Court of Appeals and the Workers’ Compensation Commission, finding an injury to the organizer of a company kickball game was compensable, although it may not have been for other employees, who merely played in the game. Whigham v. Jackson Dawson (Op. No. 27440 August 27, 2014).… Continue Reading
Commissioner Roche Has Resigned. What Now?
Like most of you, I was caught off guard by the news Andrea Roche is resigning from the South Carolina Workers’ Compensation Commission (SCWCC), effective July 31, 2014. The announcement this week did not give Commissioner Roche’s reason for resigning, only that she was returning to private practice. We can speculate, but regardless of the… Continue Reading
New 2% Net Present Value Rate is Now Effective
June 27, 2014. Perhaps not a day that will “live in infamy,” but it is important nonetheless to stakeholders of the South Carolina Workers’ Compensation system. Prior to June 27, 2014, all lump sum payments were commuted at a 5% discount. The regulation became the rule when it was published in the State Registry June… Continue Reading
SC Senate Confirms Reappointment of Commissioners
The South Carolina Senate confirmed the reappointment of three Workers’ Compensation Commissioners on April 16, 2014. Commissioner T. Scott Beck, Commission Avery Wilkerson, Jr. and Commissioner Aisha Taylor have been reappointed for terms from June 30, 2014 through June 30, 2020. Commissioner Beck was also appointed as Chairman for a term beginning on June 30, 2014… Continue Reading
Court of Appeals Reverses Commission’s Order that Claimant did not have Radiculopathy
The S.C. Court of Appeals reversed the hearing commissioner, and appellate panel, and concluded that an injury to a claimant caused radiculopathy (contrary to the Commission’s finding), and therefore claimant could pursue a wage loss claim. Beckman v. Sysco Columbia and Gallagher Bassett Svcs. (Opinion No. 5205 (3/19/14)). In light of that ruling, the Court declined to address… Continue Reading
Commissioners’ Top 10: Inside tips about hearings
At the SCWCEA 35th Annual Medical Seminar, the South Carolina Workers’ Compensation Commissioners had an opportunity to share their top ten hearing requests and tips with attendees. Here are a few that may be of use to you: When preparing Pre-Hearing Briefs, follow the Commissioner Specific Preferences. Avoid duplicate APA submissions. Commissioners Roche and James would… Continue Reading
