reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-120. Procedure for determining claims; reference of medical question to medical board.

The procedure for determining claims for benefits from an occupational disease shall be the same as that followed in determining other claims under this title, save that if any medical question shall be in controversy the commission may, upon its own motion, and shall, upon motion of either party to the proceeding, refer the question to the medical board as provided in this chapter for investigation and report. A medical question shall be deemed to include any issue concerning the existence, cause and duration of a disease or disability, the date of disablement, the degree of disability and the proportion thereof attributable to a noncompensable cause and any other matter necessarily pertinent thereto requiring the opinion of experts.
HISTORY: 1962 Code Section 72-261; 1952 Code Section 72-261; 1949 (46) 565.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-130. Membership of medical board.

The medical board employed to determine controverted medical questions shall consist of three members appointed by the commission or hearing commissioner and selected from the medical advisory panel as follows: one to be named by the claimant and one to be named by the employer or his insurer as the case may be, and the third to be chosen by the commission or hearing commissioner. But if within ten days after the hearing in which a controverted medical question is raised one or more of the parties have failed to nominate a member, the commission or commissioner hearing the case shall nominate a member or members to complete the board to three members.
HISTORY: 1962 Code Section 72-262; 1952 Code Section 72-262; 1949 (46) 565; 1977 Act No. 103 Section 3.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-140. Fees and expenses of medical board.

The fees and expenses of the medical board shall be charged in accordance with a schedule adopted by the commission upon the advice and recommendations of the medical advisory panel and such fees and expenses, along with such clinical and X-ray expenses as the medical board may require in order to properly complete its investigation in a particular case, shall be chargeable as cost to the losing party in the controversy, save that when the claimant is the losing party such fees, costs and expenses shall be borne by the commission.
HISTORY: 1962 Code Section 72-263; 1952 Code Section 72-263; 1949 (46) 565.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-150. Procedure before medical board.

The medical board, upon referral to it of a medical question, shall notify the claimant and the employer or its insurer, as the case may be, to appear before the board at a time and place stated in the notice and shall examine the employee, if living, and may examine the body of the employee, if deceased. The medical board shall consider any testimony given before the commission pertaining to the medical question and necessary to a proper determination thereof. The medical board shall, as soon as practical after it has completed its consideration of the case, report in writing its findings and conclusions on every medical question in controversy. Such report shall be a part of the record in the case and shall include a statement indicating the physician or physicians, if any, who appeared before it, the medical board, what, if any, medical reports and X-rays were considered by it and any other matters which it deems necessary to explain or substantiate its conclusions. The commission upon receipt of the report shall send a copy thereof to the claimant and to the employer and his insurance carrier, if any.
HISTORY: 1962 Code Section 72-264; 1952 Code Section 72-264; 1949 (46) 565.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-160. Decisions on questions by medical board.

The decisions and award in the case shall conform to the findings and conclusions in such report insofar as it is restricted to medical questions, except that either party may, within ten days after receipt of a copy of the report, file written objection thereto with the commission; provided, the report shall not be binding on the commission if it be proven that the conclusion of the board upon a medical question be erroneous, due to fraud, undue influence, or mistake of law or material fact.
HISTORY: 1962 Code Section 72-265; 1952 Code Section 72-265; 1949 (46) 565; 1977 Act No. 103 Section 4.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-170. Membership of medical advisory panel.

The medical board shall be chosen from the medical advisory panel, composed of medical experts appointed by the Governor who shall be chosen from a list submitted by the executive committee of the South Carolina Medical Association, which list shall be approved by the Workers' Compensation Commission. The medical advisory panel shall include at least three doctors of medicine with no less than five years' specialization in the field of X-ray diagnosis and treatment, at least three doctors of medicine with no less than five years' specialization in pathology, at least three doctors of medicine with no less than five years' experience in the treatment and diagnosis of occupational diseases or who are specially qualified by training and experience as experts in the diagnosis and treatment of diseases in general and two doctors who are qualified for the treatment of pulmonary diseases. Members of the medical advisory panel shall serve for a term of two years and the Governor may from time to time fill vacancies in the membership thereof from its lists submitted to him as provided in this section.
HISTORY: 1962 Code Section 72-266; 1952 Code Section 72-266; 1949 (46) 565; 1977 Act No. 103 Section 5.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-180. Compensation of members of medical advisory panel.

Members of the medical advisory panel shall receive no compensation save that provided when they serve on a medical board. But when the panel is convened to give its advice and recommendations to the commission, the members participating therein shall receive per diem allowances plus their reasonable maintenance and travel expenses to be paid by the commission.
HISTORY: 1962 Code Section 72-267; 1952 Code Section 72-267; 1949 (46) 565; 1951 (47) 506.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-185. Medical examination in lieu of medical panel for occupationally related disease claims.

Notwithstanding the provisions of Section 42-11-120, in lieu of a medical panel in claims involving occupationally related diseases, at the election of either party or the hearing commissioner, the claimant shall be referred to a medical doctor or doctors who diagnose or treat occupational diseases and who are employed by or associated with one of the medical universities in South Carolina. The findings and testimony of such doctors shall be deemed advisory to, but not binding upon the hearing commissioner. Fees and expenses of such medical examinations shall be paid by the commission unless the claimant prevails in the controversy in which case such fees and expenses will be charged to the losing party.
HISTORY: 1978 Act No. 522 Section 3; 1978 Act No. 644 Part II Section 10.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-190. Promulgation of rules, regulations, and schedules.

The commission may, upon the advice and recommendations of the medical advisory panel:
(1) Make reasonable regulations regarding the conduct of hearings and investigations by medical boards and the fees and expenses to be allowed members of the panel for serving on such boards from time to time.
(2) Adopt a schedule of occupational diseases which shall include also a schedule of the processes or occupations giving rise to such diseases under the definitions given in Section 42-11-10.
HISTORY: 1962 Code Section 72-268; 1952 Code Section 72-268; 1949 (46) 565; 1988 Act No. 677, Section 2, eff June 27, 1988.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 11 - Occupational Diseases › Section 42-11-200. Rejection of chapter.

Either employer or employee may reject the provisions of this chapter under the same terms and conditions as he may reject the other provisions of this title.
HISTORY: 1962 Code Section 72-269; 1952 Code Section 72-269; 1949 (46) 565.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-10. Definitions.

As used in this chapter:
(1) "Ionizing radiation" means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter.
(2) "Ionizing radiation injury" means any harmful change in the human organism, including damage to or loss of a prosthetic appliance, arising out of and in the course of employment and caused by exposure to ionizing radiation.
(3) "Ionizing radiation disability" means any temporary or permanent, partial or total impairment of natural capability or a decrease in wage-earning capacity arising out of and in the course of employment and caused by exposure to ionizing radiation.
(4) "Permanent physical impairment" means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed.
(5) "Death" means death resulting from an ionizing radiation injury.
HISTORY: 1962 Code Section 72-280; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-20. Employers and employees subject to chapter.

(a) The following shall constitute employers who shall be subject to the provisions of this chapter:
(1) Every person, partnership firm, association, trust, profit or nonprofit organization, corporation or legal representatives thereof, that has one or more employees in this State and is engaged in activities which involve the use or presence of ionizing radiation. Provided, however, that any employer who employs less than three employees may, at his option, elect not to be subject to the provisions of this chapter.
(2) The State, or any agency thereof, and each political subdivision of the State, or any agency thereof, or public or quasipublic corporation that has one or more employees and is engaged in activities which involve the use or presence of ionizing radiation.
(b) The following shall constitute employees who shall be subject to the provisions of this chapter:
(1) Every person, including a minor, whether lawfully or unlawfully employed, in the service of an employer subject to this chapter under any contract of hire or apprenticeship, express or implied, and all helpers and assistants of employees whether paid by the employer or employee, if employed with the knowledge, actual or constructive, of the employer.
(2) Every person performing service in the course of the trade, business, profession or occupation of an employer at the time of injury or disability, provided such person in relation to this service does not maintain a separate business, does not hold himself out to and render service to the public and is not himself an employer subject to this chapter.
HISTORY: 1962 Code Section 72-281; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-30. Effect of injury suffered outside State; effect of injury to employee of nonresident employer; effect of award under law of another state.

(a) If an employee of an employer subject to this chapter, while working outside the territorial limits of this State, suffers an ionizing radiation injury or disability, he, or in the event of his death, his dependents, shall be entitled to the same benefits under this chapter as if the injury or disability had occurred within this State.
(b) If an employee of an employer domiciled or residing outside of this State suffers an ionizing radiation injury or disability while working within the territorial limits of this State, he, or in the event of his death, his dependents, shall be entitled to the same benefits under this chapter as if his employer were domiciled or residing within this State.
(c) The payment or award of benefits under the workers' compensation provisions of another state to an employee or his dependents otherwise entitled to the benefits of this chapter, on account of an ionizing radiation injury or disability, or death, shall not be a bar to a claim for benefits under this chapter; provided, that such payment or award shall be credited against the benefits to which the employee or his dependents would have been entitled had claim been made solely under this chapter.
HISTORY: 1962 Code Section 72-282; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-50. Employer who is liable for awards; apportionment of liability.

The employer, in whose employment an employee was last exposed to ionizing radiation, shall be liable for all awards of compensation should such employee suffer an ionizing radiation injury, disability or death. If, however, such ionizing radiation injury, disability or death is attributable in part to exposure to ionizing radiation which such employee received in any previous employment, the employer who is made liable for all awards of compensation as provided by this section may appeal to the Workers' Compensation Commission which shall apportion such liability among the several employers in whose employ the employee was exposed to ionizing radiation. The method of apportionment shall be determined by the commission.
HISTORY: 1962 Code Section 72-284; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-60. Time for filing claims.

(a) In cases involving radiation injury or disability the time for filing claims shall not begin to run until:
(1) the employee sustains such injury or disability; and
(2) the employee knows, or by the exercise of reasonable diligence should know, of the existence of the injury or disability and its possible relationship to his employment.
(b) The time for filing claims for benefits in the event of death shall not begin to run until the person entitled to file such claims knows, or by the exercise of reasonable diligence should know, the possible relationship of the death to the employment.
HISTORY: 1962 Code Section 72-285; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-80. Employee's right to medical services, appliances and supplies.

(a) For any ionizing radiation injury or disability, the employee shall be entitled to all medical services, appliances and supplies which are required by the nature of his injury or disability and which will relieve pain and promote and hasten his restoration to health and employment. The employer shall furnish such services, appliances and supplies and necessary replacements or repairs of such appliances unless the need for such replacements or repairs is due to lack of proper care by the employee.
(b) The Workers' Compensation Commission, on competent medical advice, shall have authority to determine the necessity, character and sufficiency of any medical services or medical rehabilitation furnished or to be furnished, and shall have authority to order a change of physician, hospital or rehabilitation facility when, in its judgment, such change is desirable or necessary.
HISTORY: 1962 Code Section 72-287; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-90. Employee's right to vocational rehabilitation services.

(a) An employee covered by this chapter who, for reasons of injury or medically determined restrictions on radiation exposure, and whose skills are not transferable to equivalent work not involving radiation exposure, shall be entitled to such vocational rehabilitation services, including retraining and job replacement, as may be reasonably necessary to restore him to suitable employment. If such services are not voluntarily offered and accepted, the Workers' Compensation Commission, on its own motion or upon application of the employee, after affording the parties an opportunity to be heard, may refer the employee to one or more qualified physicians or facilities for evaluation of the practicability of, the need for, and the kind of service, treatment or training necessary for and appropriate to render him fit for a remunerative occupation. Upon receipt and evaluation of such report, the Workers' Compensation Commission may order that the services and treatment recommended in the report, or such other rehabilitation treatment or service it may deem necessary, be provided at the expense of the employer. Vocational rehabilitation training, treatment or service required pursuant to this section shall not extend for a period of more than fifty-two weeks, except in unusual cases when by special order of the Workers' Compensation Commission, after affording the parties an opportunity to be heard, the period may be extended for an additional twenty-six weeks.
(b) Where rehabilitation services require residence at or near the facility or institution away from the employee's customary residence, reasonable cost of his board, lodging and travel shall be paid for by the employer.
(c) Refusal to accept rehabilitation services pursuant to order of the Workers' Compensation Commission shall result in loss of compensation for each week of the period of refusal.
HISTORY: 1962 Code Section 72-288; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-100. Certain settlements shall be invalid unless approved by commission.

Any settlement which waives liability for possible subsequently appearing consequences of ionizing radiation injury or disability is invalid unless approved by the Workers' Compensation Commission.
HISTORY: 1962 Code Section 72-289; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-110. Powers of commission.

The Workers' Compensation Commission is hereby authorized to:
(1) accept and administer loans, grants or other funds or gifts, conditional or otherwise, in furtherance of its function, from the federal government and other sources, public or private; and
(2) require the keeping of radiation exposure records by employers covered under Section 42-13-20 of this chapter and the furnishing of such exposure records to the Workers' Compensation Commission or its successor organizations upon request.
HISTORY: 1962 Code Section 72-290; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 13 - Ionizing Radiation Injury › Section 42-13-120. Application of other provisions.

All the provisions of the Workers' Compensation Act, Title 42, shall be applicable to this chapter except where they are specifically contrary thereto.
HISTORY: 1962 Code Section 72-291; 1969 (56) 685.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-10. State law under which claim is authorized to be filed.

Any employee covered by the provisions of this title is authorized to file his claim under the laws of the state where he is hired, the state where he is injured, or the state where his employment is located. If an employee shall receive compensation or damages under the laws of any other state, nothing contained in this section shall be construed to permit a total compensation for the same injury greater than that provided in this title.
HISTORY: 1962 Code Section 72-121.1; 1974 (58) 2265; 1976 Act No. 532 Section 2.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-20. Notice to employer of accident or repetitive trauma.

(A) Every injured employee or his representative immediately shall on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a notice of the accident and the employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this title prior to the giving of such notice, unless it can be shown that the employer, his agent, or representative, had knowledge of the accident or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity or the fraud or deceit of some third person.
(B) Except as provided in subsection (C), no compensation shall be payable unless such notice is given within ninety days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been prejudiced thereby.
(C) In the case of repetitive trauma, notice must be given by the employee within ninety days of the date the employee discovered, or could have discovered by exercising reasonable diligence, that his condition is compensable, unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been unduly prejudiced thereby.
HISTORY: 1962 Code Section 72-301; 1952 Code Section 72-301; 1942 Code Section 7035-25; 1936 (39) 1231; 1974 (58) 2265; 2007 Act No. 111, Pt I, Section 25, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-40. Time for filing claim; filing by registered mail.

The right to compensation under this title is barred unless a claim is filed with the commission within two years after an accident, or if death resulted from the accident, within two years of the date of death. However, for occupational disease claims the two-year period does not begin to run until the employee concerned has been diagnosed definitively as having an occupational disease and has been notified of the diagnosis. For the death or injury of a member of the South Carolina National Guard, as provided for in Section 42-7-67, the time for filing a claim is two years after the accident or one year after the federal claim is finalized, whichever is later. The filing required by this section may be made by registered mail, and the service within the time periods set forth in this section constitutes timely filing. For a "repetitive trauma injury" as defined in Section 42-1-172, the right to compensation is barred unless a claim is filed with the commission within two years after the employee knew or should have known that his injury is compensable but no more than seven years after the last date of injurious exposure. This section applies regardless of whether the employee was aware that his repetitive trauma injury was the result of his employment.
HISTORY: 1962 Code Section 72-303; 1952 Code Section 72-303; 1942 Code Section 7035-27; 1936 (39) 1231; 1955 (49) 319; 1974 (58) 2265; 1978 Act No. 522 Section 6; 1979 Act No. 194 Part III Section 6; 1990 Act No. 612, Part II, Section 15C, eff June 13, 1990 (became law without the Governor's signature); 2007 Act No. 111, Pt I, Section 26, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-50. Limitation of time on notice or claim of mentally incompetent person or minor.

No limitation of time provided in this title for the giving of notice or making claim under this title shall run against any person who is mentally incompetent or a minor dependent as long as he has no guardian, trustee or committee.
HISTORY: 1962 Code Section 72-304; 1952 Code Section 72-304; 1942 Code Section 7035-52; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-55. Appointment of guardian ad litem for minors or mentally incompetent persons.

When a minor or mentally incompetent person is a party in a proceeding before the Workers' Compensation Commission of this State a guardian ad litem for the minor or mentally incompetent person may be appointed by a judge of probate, clerk of court, or master, if there is a master, of the county where the minor or mentally incompetent person resides or by any circuit judge or a member of the Workers' Compensation Commission.
HISTORY: 1986 Act No. 371, eff April 14, 1986.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-65. Compensation for damage to prosthetic device, eyeglasses, or hearing aid.

Damage to a prosthetic device of an injured employee as the result of an injury by accident arising out of and in the course of the employment entitles the employee to compensation ensuring that the prosthetic device is repaired or replaced.
Damage to eye glasses or a hearing aid used by an injured employee as the result of an injury by accident arising out of and in the course of the employment entitles the employee to compensation ensuring that the eye glasses or the hearing aid is repaired or replaced.
HISTORY: 1992 Act No. 329, Section 1, eff May 4, 1992.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-70. Liability of employer for medical treatment; effect of malpractice.

The pecuniary liability of the employer for medical, surgical and hospital service or other treatment required, when ordered by the commission, shall be limited to such charges as prevail in the community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured person and the employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to the provisions of this section, but the consequences of any such malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such.
HISTORY: 1962 Code Section 72-306; 1952 Code Section 72-306; 1942 Code Section 7035-29; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 15 - Notice Of Accident; Filing Of Claims; Medical Attention And Examination › Section 42-15-80. Submission to physical examinations; admissibility of communications to physician; autopsy; role of rehabilitation professionals.

(A) After an injury and so long as he claims compensation, the employee, if so requested by his employer or ordered by the commission, shall submit himself to examination, at reasonable times and places, by a qualified physician or surgeon designated and paid by the employer or the commission. The employee has the right to have present at the examination any qualified physician or surgeon provided and paid by him. A fact communicated to or otherwise learned by any physician or surgeon who may have attended or examined the employee, or who may have been present at any examination, is not privileged, either in hearings provided for by this title or any action at law brought to recover damages against an employer who may have accepted the compensation provisions of this title. If the employee refuses to submit himself to or in any way obstructs the examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute a proceeding under this title must be suspended until the refusal or objection ceases and compensation is not payable at any time for the period of suspension unless in the opinion of the commission the circumstances justify the refusal or obstruction. The employer or the commission may require in any case of death an autopsy at the expense of the person requesting it.
(B) The commission shall promulgate regulations establishing the role of rehabilitation professionals and other similarly situated professionals in workers' compensation cases with consideration given to these persons' duties to both the employer and the employee and the standards of care applicable to the rehabilitation professional or other similarly situated professional as the case may be.
HISTORY: 1962 Code Section 72-307; 1952 Code Section 72-307; 1942 Code Section 7035-30; 1936 (39) 1231; 2007 Act No. 111, Pt I, Section 28, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-10. Agreement as to compensation.

If more than seven days after the date of an injury or at any time in case of death, the employer and the injured employee or his dependents reach an agreement in regard to compensation under this title, a memorandum of the agreement in the form prescribed by the commission, accompanied by a full and complete medical report shall be filed with the commission within fifteen days after agreement has been reached by the parties for approval of the commission; otherwise, such agreement shall be voidable by the employee or his dependents. All such agreements shall be subject to adjustment and correction as to the compensable rate if subsequent to filing with the commission it is determined that such rate does not reflect the correct average weekly wage of the claimant. If approved by the commission, the memorandum shall for all purposes be enforceable by a court's decree as specified in this title.
HISTORY: 1962 Code Section 72-351; 1952 Code Section 72-351; 1942 Code Section 7035-59; 1936 (39) 1231; 1980 Act No. 318, Section 5.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-20. Hearing before commission on compensation payable.

If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this title within fourteen days after the employer has knowledge of the injury or after a death or if they have reached such an agreement which has been signed and filed with the commission and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the commission for a hearing in regard to the matters at issue and for a ruling thereon. Immediately after such application has been received the commission shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the district in which the injury occurred, but no greater than seventy-five miles from the county seat of the county in which the injury occurred, unless otherwise agreed to by the parties and authorized by the commission. For purposes of this section, the "county seat" is the county courthouse. These districts are defined as those districts designated by the commission and in effect as of January 1, 2018.
HISTORY: 1962 Code Section 72-352; 1952 Code Section 72-352; 1942 Code Section 7035-60; 1936 (39) 1231; 1955 (49) 459; 2018 Act No. 233 (H.5153), Section 1, eff May 18, 2018.
Effect of Amendment
2018 Act No. 233, Section 1, in the third sentence, substituted "district in which the injury occurred, but no greater than seventy-five miles from the county seat of the" for "city or", and added the fourth and fifth sentences, relating to the definition of "county seat" and the designation of districts, respectively.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-30. Commission may appoint doctor to examine injured employee; compensation.

The commission or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical examination of any employee and to testify in respect thereto. The physician or surgeon must be allowed traveling expenses and a reasonable fee in accordance with a fee schedule set by the commission. The commission may allow additional reasonable amounts in extraordinary cases. The commission or any member thereof has the discretion to order either party to pay the fees and expenses of the physician or surgeon, or the commission or any member thereof may order the parties to share responsibility for payment of the fees and expenses.
HISTORY: 1962 Code Section 72-353; 1952 Code Section 72-353; 1942 Code Section 7035-66; 1936 (39) 1231; 1990 Act No. 407, Section 1, eff April 11, 1990.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-40. Conduct of hearing; award.

(A) The commission or any of its members shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. The award, together with a statement of the findings of fact, rulings of law, and other matters pertinent to the questions at issue, must be filed with the record of the proceedings and a copy of the award must immediately be sent to the parties in dispute. The parties may be heard by a deputy, in which event he shall swear or cause the witnesses to be sworn and shall transmit all testimony to the commission for its determination and award.
(B) In the event any commissioner or any member of his family residing in the commissioner's household or any employee of the Workers' Compensation Commission receives an injury in the course of employment, the case must be heard and determined by the circuit court judge in the county in which the injury occurred. The clerk of court shall docket these cases in the file book for the court of common pleas and these cases must be heard in that court. These cases may be called up for trial out of their order by either party. An appeal from an order of the circuit court judge, pursuant to this subsection, shall be taken in the manner provided by the South Carolina Appellate Court Rules. If the order is not appealed, payment must be made as provided in Section 42-17-60. However, this subsection does not apply with respect to claims involving medical benefits only; for claims solely involving medical benefits, subsection (A) applies.
HISTORY: 1962 Code Section 72-354; 1952 Code Section 72-354; 1942 Code Section 7035-61; 1936 (39) 1231; 1989 Act No. 70, Section 1, eff May 10, 1989; 1999 Act No. 55, Section 45, eff June 1, 1999.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-50. Review and rehearing by commission.

If an application for review is made to the commission within fourteen days from the date when notice of the award shall have been given, the commission shall review the award and, if good grounds be shown therefor, reconsider the evidence, receive further evidence, rehear the parties or their representatives and, if proper, amend the award.
Each application for commission review must be accompanied by a fee equal to that charged in circuit court for filing a summons and complaint in order to defray the costs of the review. If the commission determines at the conclusion of the review that the appeal was without merit, it may charge, in its sole discretion, the appellant an additional fee not to exceed two hundred fifty dollars.
HISTORY: 1962 Code Section 72-355; 1952 Code Section 72-355; 1942 Code Section 7035-62; 1936 (39) 1231; 1981 Act No. 178 Part II Section 38; 1989 Act No. 197, Section 2.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-60. Conclusiveness of award; appeals; payment of compensation during appeal; accrual of interest.

The award of the commission, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon the review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice to be sent by registered mail of the award, but not after, whichever is the longest, may appeal from the decision of the commission to the court of appeals. Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission on questions of law, the appeal does not operate as a supersedeas and, after that time, the employer is required to make weekly payments of compensation and to provide medical treatment ordered by the commission involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title. Interest accrues on an unpaid portion of the award at the legal rate of interest as established in Section 34-31-20(B) during the pendency of an appeal.
HISTORY: 1962 Code Section 72-356; 1952 Code Section 72-356; 1942 Code Section 7035-63; 1936 (39) 1231; 1988 Act No. 677, Section 3, eff June 27, 1988; 1990 Act No. 439, Section 1, eff April 24, 1990; 2007 Act No. 111, Pt I, Section 30, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-70. Judgment on agreement or award.

Any party in interest may file in the court of common pleas of the county in which the injury occurred a certified copy of a memorandum of agreement approved by the commission, an order or decision of the commission, an award of the commission unappealed from or an award of the commission affirmed upon appeal, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though such judgment had been rendered in a suit duly heard and determined by such court. But if the judgment debtor shall file a certificate duly issued by the commission, showing compliance with Section 42-5-20, with the clerk of the court in the county in which such judgment is docketed, such clerk shall make upon the judgment roll an entry showing the filing of such certificate which shall operate as a discharge of the lien of such judgment and no execution shall be issued thereon. But if at any time there is default in the payment of any installment due under the award set forth in such judgment the court may, upon application for cause and after ten days' notice to the judgment debtor, order the lien of such judgment restored and execution or other proper process may be immediately issued thereon for past-due installments and for future installments as they may become due.
HISTORY: 1962 Code Section 72-357; 1952 Code Section 72-357; 1942 Code Section 7035-64; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-80. Costs.

If the commission or any court before whom any proceedings are brought under this title shall determine that such proceedings have been brought, prosecuted or defended without reasonable grounds, it may assess the whole cost of the proceedings upon the party who has brought or defended them.
HISTORY: 1962 Code Section 72-358; 1952 Code Section 72-358; 1942 Code Section 7035-65; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 17 - Awards Procedure › Section 42-17-90. Review of award on change of condition.

(A) On its own motion or on the application of a party in interest on the ground of a change in condition, the commission may review an award and on that review may make an award ending, diminishing, or increasing the compensation previously awarded, on proof by a preponderance of the evidence that there has been a change of condition caused by the original injury, after the last payment of compensation. An award is subject to the maximum or minimum provided in this title, and the commission immediately shall send to the parties a copy of the order changing the award. The review does not affect the award as regards any monies paid and the review must not be made after twelve months from the date of the last payment of compensation pursuant to an award provided by this title.
(B) A motion or application for change in condition involving a repetitive trauma injury must be made within one year from the date of the last compensation payment for the repetitive trauma injury. Any filing not made within this one-year period shall be considered untimely and shall not be reviewed.
(C) A motion or application for change in condition involving an occupational disease must be made within one year from the date of the last compensation payment for the occupational disease. Any filing not made within this one-year period shall be considered untimely and shall not be reviewed.
HISTORY: 1962 Code Section 72-359; 1952 Code Section 72-359; 1942 Code Section 7035-49; 1936 (39) 1231; 2007 Act No. 111, Pt I, Section 31, eff July 1, 2007, applicable to injuries that occur on or after that date.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 19 - Records And Reports › Section 42-19-20. Employers' reports of termination or extension beyond sixty days of disability.

Upon the termination of the disability of an injured employee, or if the disability extends beyond a period of sixty days then also at the expiration of such period, the employer shall make a supplementary report to the commission on blanks approved by the commission for this purpose.
HISTORY: 1962 Code Section 72-502; 1952 Code Section 72-502; 1942 Code Section 7035-69; 1936 (39) 1231; 1980 Act No. 318, Section 8.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 19 - Records And Reports › Section 42-19-30. Penalty for failure to make required reports.

Any employer or insurance carrier who refuses or neglects to submit required forms, records, and reports as may be necessary for the proper handling or adjudication of a claim is liable for a penalty of not less than ten dollars nor more than one hundred dollars for each refusal or neglect. The fine provided in this section may be assessed by the commission with the right of review and appeal as in other cases.
HISTORY: 1962 Code Section 72-503; 1952 Code Section 72-503; 1942 Code Section 7035-69; 1936 (39) 1231; 1980 Act No. 318, Section 9; 1981 Act No. 27, Section 1; 1986 Act No. 366, eff April 11, 1986.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 19 - Records And Reports › Section 42-19-40. Records shall not be public.

The records of the commission, in so far as they refer to accidents, injuries and settlements, shall not be open to the public, but only to parties satisfying the commission of their interest in such records and of the right to inspect them.
HISTORY: 1962 Code Section 72-504; 1952 Code Section 72-504; 1942 Code Section 7035-69; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 19 - Records And Reports › Section 42-19-50. Penalty for failing to file report of insurance coverage.

Every insurance carrier providing coverage under the Workers' Compensation law shall file a report of coverage with the Workers' Compensation Commission within thirty days from the inception date of the policy on forms prescribed by the commission.
Any insurance company who refuses or neglects to properly submit the required forms is liable for a penalty of not less than one hundred dollars and not more than two hundred fifty dollars for each day's refusal to so file. The fine provided for in this section may be assessed by the commission with the right to review and appeal as in other cases.
HISTORY: 1985 Act No. 180, Section 1, eff June 21, 1985.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-10. State Department of Social Services; subordinate divisions; director.

There is created the State Department of Social Services, referred to in this title as the state department or department, with such subordinate divisions as may be created or authorized by law. The state department shall be headed by a State Director of Social Services who shall be appointed by the Governor upon the advice and consent of the Senate. The director must possess sound moral character, superior knowledge of and experience in the field of children's services and other social services, and proven administrative ability. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.
HISTORY: 1962 Code Section 71-1; 1952 Code Section 71-1; 1942 Code Section 4996-1; 1937 (40) 496; 1972 (57) 2382; 1993 Act No. 181, Section 998, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 43 - Social Services › Chapter 1 - State Department And Board Of Social Services › Section 43-1-50. State Director of Social Services; selection; term; duties; salary; bond.

The chief executive officer and the administrative head of the state department is a State Director of Social Services, referred to in Chapters 1, 3, 5, 7, 9, 19, and 23 as the State Commissioner or commissioner, who shall hold office until his successor has been appointed and qualified. The director shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States. He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act. The director may be required to furnish bond.
HISTORY: 1962 Code Section 71-5; 1952 Code Section 71-5; 1942 Code Section 4996-4; 1937 (40) 496; 1942 (42) 1596; 1947 (45) 489; 1972 (57) 2382; 1993 Act No. 181, Section 999, eff July 1, 1993.