reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-150. Manner in which attendance of witnesses and production of books and records may be compelled.

The commission in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary in connection with any proceeding under this title.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda or other records before the commission on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying or from civil prosecution, penalties or forfeitures pursuant to the provisions of this title.
In case of contumacy by any person or refusal to obey a subpoena issued to any person, the commission may issue to such person an order requiring him to appear before the commission to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the commission may be punished as a contempt thereof.
Any person who shall without just cause fail or refuse to attend and testify, to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in his power to do so in accordance with a subpoena of the commission, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty nor more than two hundred dollars or by a term of imprisonment for not more than thirty days. Each failure to obey a subpoena shall constitute a separate offense. Subpoenas shall be issued in the name of the commission and shall be signed by a commissioner. Subpoenas shall be issued to such persons as the commission may designate.
In addition, the commission may punish for contempt in the manner authorized by this section any person whose disorderly conduct in any commission proceeding interferes with the orderly process of such proceeding.
HISTORY: 1962 Code Section 72-50.15; 1952 Code Section 72-63; 1942 Code Section 7035-57; 1936 (39) 1231; 1937 (40) 613; 1974 (58) 2251; 1978 Act No. 469 Section 1; 1978 Act No. 522, Section 4; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-160. Manner in which depositions of witnesses shall be taken.

Any party to a proceeding pending under this title or his attorney may cause the depositions of witnesses, either within or without the State, to be taken either by commission or de bene esse. Such depositions shall be taken in accordance with and subject to the same provisions, conditions and restrictions as apply to the taking of like depositions in civil actions at law in the courts of common pleas and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony and the transmission and certification thereof and matters of practice relating thereto shall apply. In any case in which testimony shall be taken by commission, such commission shall be issued, upon request of the party or his attorney, by some member of the commission. The provisions of this section shall not be so construed as to prevent the commission or any deputy commissioner from issuing commissions for the taking of testimony, even in the absence of any application therefor, when in its or his judgment it is deemed necessary or appropriate.
HISTORY: 1962 Code Section 72-50.16; 1952 Code Section 72-64; 1942 Code Section 7035-57; 1936 (39) 1231; 1937 (40) 613; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-170. Manner in which hearings shall be conducted.

Hearings before the commission shall be open to the public and shall be stenographically reported and the commission may contract for the reporting of such hearings. The commission shall by regulation provide for the preparation of a record of the hearings and other proceedings.
HISTORY: 1962 Code Section 72-50.17; 1952 Code Section 72-65; 1942 Code Section 7035-56; 1936 (39) 1231; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-175. Failure to pay claims; sanctions; notice to Department of Insurance.

(A)(1) If a claimant brings an action before the commission to enforce an order authorizing medical treatment or payment of benefits and the commission determines that an insurer, a self-insured employer, a self-insured fund, or an adjuster, without good cause, failed to authorize medical treatment and/or pay benefits when ordered to do so by the commission, the insurer, the self-insured employer, the self-insured fund, or the adjuster must pay the claimant's attorneys' fees and costs of enforcing the order. The commission may impose sanctions for wilful disobedience of an order, including, but not limited to, a fine of up to five hundred dollars for each day of the violation.
(2) The commission must notify the Department of Insurance of an insurer's or an adjuster's failure to authorize and pay benefits for medical treatment. If the Director of the Department of Insurance or his or her designee determines that there has been a violation of any provision of Title 38, he may impose penalties for each violation, including, but not limited to, administrative penalties pursuant to Section 38-2-10.
(B)(1) If the commission discovers a pattern of an insurer failing to pay benefits pursuant to an award, as defined in item (2), the chairman must notify the Director of the Department of Insurance. The director or his or her designee must hold a hearing to determine if the insurer had good cause for nonpayment. If the director or his or her designee determines that nonpayment was intentional three or more times within a two-year period, the director may revoke the license of the insurer to do business in this State. If the director or his or her designee revokes the license of the insurer, he must take any steps he considers necessary for the protection of the insurer's policyholders in this State.
(2) For purposes of this section, a pattern is established upon an insurer's failure to pay an award at least three times within a two-year period by failing to pay:
(a) for individual claims;
(b) for a claim in which the claimant had to request enforcement of an award; or
(c) any combination of subitems (a) and (b).
(3) All fines collected pursuant to this section must be submitted to the general fund.
HISTORY: 2007 Act No. 111, Pt I, Section 13, 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 3 - Workers' Compensation Commission › Section 42-3-180. Commission to decide questions arising under title.

All questions arising under this title, if not settled by agreement of the parties interested therein with the approval of the commission, shall be determined by the commission, except as otherwise provided in this title.
HISTORY: 1962 Code Section 72-50.18; 1952 Code Section 72-66; 1942 Code Section 7035-68; 1936 (39) 1231; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-185. Promulgation of policies or procedures implementing Section 42-15-90.

Any policies or procedures implementing the provisions of Section 42-15-90 shall become effective only when such implementation is accomplished by regulations promulgated in accordance with the Administrative Procedures Act, which proposed regulations shall have before promulgation received approval of the Judiciary Committees of the Senate and House of Representatives and also by concurrent Resolution of the General Assembly.
HISTORY: 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-190. Preparation and furnishing of forms and literature.

The commission shall prepare, cause to be printed and upon request furnish, free of charge to any employee, such blank forms and literature as it shall deem requisite to facilitate or prompt the efficient administration of this title.
HISTORY: 1962 Code Section 72-50.19; 1952 Code Section 72-67; 1942 Code Section 7035-58; 1936 (39) 1231; 1974 (58) 2251; 1980 Act No. 318, Section 4; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-195. Commission to provide information and statistics; confidentiality.

The commission shall cooperate with and provide information and statistics to the South Carolina Commissioner of Labor, which the Commissioner of Labor and his designees may use solely for the following limited purposes:
(1) scheduling inspections pursuant to Section 41-15-260 for compliance with occupational safety and health rules and regulations;
(2) statistical evaluation of hazards.
The information and statistics provided pursuant to this section are confidential and exempt from disclosure pursuant to the Freedom of Information Act, except that the Commissioner of Labor may reveal to the federal Occupational Safety and Health Administration, on a confidential basis, the results of statistical evaluations of hazards as long as no identifying information is revealed.
Upon trial of any action other than a workers' compensation claim, such information shall not be placed in evidence or be permitted to be argued to any court, jury, or other adjudicatory body.
HISTORY: 1993 Act No. 121, Section 1, eff June 14, 1993.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-210. Tabulation and publication of accident reports.

The commission shall tabulate the accident reports received from employers in accordance with Sections 42-19-10 and 42-19-20 and shall publish them in the annual report of the commission and as often as it may deem advisable, in such detailed or aggregated form as it may deem best. The name of the employer or employee shall not appear in such publications and the employers' reports shall be private records of the commission and shall not be open for public inspection except for the inspection of the parties directly involved, and then only to the extent of such interest, including third party interests. These reports shall not be used as evidence by or against any employer in any suit at law brought by any employee for the recovery of damages, except by order of the court for good cause shown.
HISTORY: 1962 Code Section 72-50.21; 1952 Code Section 72-69; 1942 Code Section 7035-58; 1936 (39) 1231; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-220. Collection of fines and penalties; use of proceeds.

The commission may, by civil action brought in its own name, enforce the collection of any fines or penalties provided by this title and such fines and penalties shall be used for the purpose of paying salaries and expenses of the commission.
HISTORY: 1962 Code Section 72-50.22; 1952 Code Section 72-70; 1942 Code Sections 7035-78, 7035-79; 1936 (39) 1231; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-230. Destruction of inactive files.

The commission may from time to time, as it may consider advisable, destroy any of its inactive files that are at least fifteen years old. The commission may maintain these files in either paper or electronic form. No files of the commission shall be considered inactive until the commission is satisfied that the files will be of no further use.
HISTORY: 1962 Code Section 72-50.23; 1952 Code Section 72-71; 1944 (43) 1207; 1974 (58) 2251; 1980 Act No. 481; 2007 Act No. 111, Pt I, Section 14, 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 3 - Workers' Compensation Commission › Section 42-3-240. Annual reports.

The commission shall publish annually for free distribution a report of the administration of this title, together with such recommendations as the commission deems advisable, and shall submit annually to the Governor and the General Assembly a report showing receipts, expenditures and disbursements of the commission for the fiscal year terminating on June thirtieth preceding the time of such report.
HISTORY: 1962 Code Section 72-50.24; 1952 Code Section 72-73; 1942 Code Section 7035-55; 1936 (39) 1231; 1947 (45) 147; 1974 (58) 2251; 1980 Act No. 481.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 3 - Workers' Compensation Commission › Section 42-3-250. Commissioners bound by Code of Judicial Conduct; continuing education requirement.

(A) The commissioners are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and the State Ethics Commission is responsible for enforcement and administration of Rule 501 pursuant to Section 8-13-320. Commissioners must also comply with the applicable requirements of Chapter 13, Title 8.
(B) Each year, the commissioners and their administrative assistants must attend a workshop of at least three continuing education hours concerning ethics and the Administrative Procedures Act.
HISTORY: 2005 Act No. 36, Section 1, eff April 15, 2005.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-10. Employer shall secure payment of compensation; extent of liability.

Every employer who accepts the compensation provisions of this title shall secure the payment of compensation to his employees in the manner provided in this chapter. While such security remains in force he or those conducting his business shall only be liable to any employee who elects to come under this title for personal injury or death by accident to the extent and in the manner specified in this title.
HISTORY: 1962 Code Section 72-401; 1952 Code Section 72-401; 1942 Code Section 7035-10; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-25. Temporary workers' compensation coverage for applicant to approved self-insurance fund.

(A) An approved self-insurance fund may provide temporary coverage for an applicant if he:
(1) submits to the self-insurance division the required completed and signed forms, including, but not limited to, an application form with the same fee required for permanent membership in a self-insurance fund;
(2) qualifies for membership in the fund;
(3) qualifies under the by-laws of the fund;
(4) operates a business similar in nature to the businesses in the fund;
(5) is financially sound and meets or exceeds the minimum net worth requirements established for permanent membership in a self-insurance fund;
(6) notifies the division in writing on or before the coverage date.
(B) Upon receipt and review of the documents described in subsection (A), the division shall notify the fund within two business days whether temporary membership is granted. If the division does not notify the fund of its decision within two business days, temporary membership is deemed granted.
(C) Temporary coverage expires when the full commission approves the applicant or thirty days after the full commission rejects the applicant. The effective date on the certificate for self-insurance must show the original, temporary, coverage date.
HISTORY: 1992 Act No. 460, Section 1, eff June 15, 1992.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-30. Employer shall file evidence of compliance with Title.

Every employer accepting the compensation provisions of this title shall file with the commission, in form prescribed by it, annually or as often as may be necessary evidence of his compliance with the provisions of Section 42-5-20 and all others relating thereto. In the event an employer shall insure his liability under this title with an insurance carrier, the insurance carrier shall be required to make the necessary filings.
HISTORY: 1962 Code Section 72-403; 1952 Code Section 72-403; 1942 Code Section 7035-71; 1936 (39) 1231; 1980 Act No. 318, Section 6.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-40. Penalty for failure to secure payment of compensation.

Any employer required to secure the payment of compensation under this title who refuses or neglects to secure such compensation shall be punished by a fine of one dollar for each employee at the time of the insurance becoming due, but not less than ten dollars nor more than one hundred dollars for each day of such refusal or neglect, and until the same ceases, and he shall be liable during continuance of such refusal or neglect to an employee either for compensation under this title or at law in an action instituted by the employee or his personal representative against such employer to recover damages for personal injury or death by accident and in any such action such employer shall not be permitted to defend upon any of the grounds mentioned in Section 42-1-510.
The fine provided in this section may be assessed by the commission in an open hearing with the right of review and appeal as in other cases. All fines collected pursuant to this section must be submitted to the general fund.
HISTORY: 1962 Code Section 72-404; 1952 Code Section 72-404; 1942 Code Section 7035-71; 1936 (39) 1231; 2007 Act No. 111, Pt I, Section 15, 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 5 - Insurance And Self-insurance › Section 42-5-45. Penalty for failure of employer to secure payment of compensation.

Any employer required to secure payment of compensation under this title who wilfully refuses to secure such compensation shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment for not less than thirty days nor more than six months, or both, in the discretion of the court.
HISTORY: 1980 Act No. 318, Section 2.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-50. Certificate of compliance.

Whenever an employer has complied with the provisions of Section 42-5-20 relating to self-insurance, the commission shall issue to such employer a certificate, which shall remain in force for a period fixed by the commission. But the commission may, upon at least sixty days' notice and a hearing to the employer, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the commission may grant a new certificate to the employer upon his petition.
HISTORY: 1962 Code Section 72-405; 1952 Code Section 72-405; 1942 Code Section 7035-72; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-60. Insurance deemed subject to title; approval of forms.

Every policy for the insurance of the compensation provided in this title or against liability therefor shall be deemed to be made subject to provisions of this title. No corporation, association or organization shall enter into any such policy of insurance unless its form shall have been approved by the Director of the Department of Insurance.
HISTORY: 1962 Code Section 72-406; 1952 Code Section 72-406; 1942 Code Section 7035-75; 1936 (39) 1231; 1960 (51) 1646.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-70. Clauses required in insurance contracts.

All policies insuring the payment of compensation under this title must contain a clause to the effect that, as between the employer and the insurer, the notice to or acknowledgment of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer, that jurisdiction of the insured for the purpose of this title shall be jurisdiction of the insurer, that the insurer shall in all things be bound by and subject to the awards, judgments or decrees rendered against such insured employer and that insolvency or bankruptcy of the employer or discharge therein shall not relieve the insurer from the payment of compensation for disability or death sustained by an employee during the life of such policy or contract.
HISTORY: 1962 Code Section 72-407; 1952 Code Section 72-407; 1942 Code Section 7035-73; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-80. Liability of insurer.

(A) No policy of insurance against liability arising under this title may be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled thereto all benefits conferred by this title, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured or by any default in giving notice required by such policy or otherwise.
(B) Such agreement must be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in his name.
(C) Any insurer who issues a policy of compensation insurance to an employer not subject to this title may not plead as a defense that the employer is not subject to this title and is estopped to deny coverage.
HISTORY: 1962 Code Section 72-408; 1952 Code Section 72-408; 1942 Code Section 7035-74; 1936 (39) 1231; 1988 Act No. 411, Section 2, eff March 28, 1988.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-130. Procedure upon withdrawal of carrier from State.

Upon the withdrawal of any insurance carrier that has any outstanding liability under this title from doing business in this State the Director of the Department of Insurance shall immediately notify the commission and thereupon the commission shall issue an award against such insurance carrier and commute the installments due any injured employee and immediately have such award docketed in the court of common pleas of the county in which the claimant resides and the commission shall then cause suit to be brought on such judgment in the state of the residence of any such insurance carrier and the proceeds from such judgment, after deducting costs, if any, of the proceeding, shall be turned over to the injured employee, taking from such employee a proper receipt in satisfaction of his claim.
HISTORY: 1962 Code Section 72-413; 1952 Code Section 72-413; 1942 Code Section 7035-76; 1936 (39) 1231; 1937 (40) 613; 1960 (51) 1646.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-200. Employee shall not pay any portion of insurance, self-insurance fund, or other things required by title.

No agreement by an employee to pay any portion of any premium paid by his employer to a carrier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this title shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars.
HISTORY: 1962 Code Section 72-421; 1952 Code Section 72-421; 1942 Code Section 7035-24; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-210. Insurance carrier subrogated to rights of employer.

When any employer is insured against liability for compensation with any insurance carrier and such insurance carrier shall have paid any compensation for which the employer is liable or shall have assumed the liability of the employer therefor, it shall be subrogated to all the rights and duties of the employer and may enforce any such rights in its own name or in the name of the injured employee or his personal representative; provided, however, that nothing in this section shall be construed as conferring upon insurance carriers any other or further rights than those existing in the employer at the time of the injury to his employee, anything in the policy of insurance to the contrary notwithstanding.
HISTORY: 1962 Code Section 72-422; 1952 Code Section 72-422; 1942 Code Section 7035-11; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-220. Compromises by carrier must be approved.

No compromise settlement shall be made by the insurance carrier in the exercise of its right of subrogation without the approval of the commission being first had and obtained.
HISTORY: 1962 Code Section 72-423; 1952 Code Section 72-423; 1942 Code Section 7035-11; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-230. Manner in which notice to insurance carrier given.

Whenever by this chapter or the terms of any policy contract any officer is required to give any notice to an insurance carrier, such notice may be given by delivery or by mailing, by registered letter properly addressed and stamped, to the principal office or general agent of such insurance carrier within this State or to its home office or to the secretary, general agent or chief officer thereof in the United States or the Director of the Department of Insurance.
HISTORY: 1962 Code Section 72-424; 1952 Code Section 72-424; 1942 Code Section 7035-76; 1936 (39) 1231; 1937 (40) 613; 1960 (51) 1646.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-240. Penalties.

Any person who shall act or assume to act as agent for any such insurance carrier whose authority to do business in this State has been suspended, while such suspension remains in force, or shall neglect or refuse to comply with any of the provisions of Sections 42-5-110, 42-5-120, 42-5-140 and 42-5-150 obligatory upon such person or who shall wilfully make a false or fraudulent statement of the business or conditions of any such insurance carrier or a false or fraudulent return shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment for not less than ten nor more than ninety days, or both such fine and imprisonment in the discretion of the court.
HISTORY: 1962 Code Section 72-425; 1952 Code Section 72-425; 1942 Code Section 7035-76; 1936 (39) 1231; 1937 (40) 613.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 5 - Insurance And Self-insurance › Section 42-5-250. Title not applicable to insurance for single catastrophe hazards.

This title shall not apply to policies of insurance against loss from explosion of boilers or flywheels or other similar single catastrophe hazards. But nothing contained in this section shall be construed to relieve the employer from liability for injury or death of an employee as a result of such explosion or catastrophe.
HISTORY: 1962 Code Section 72-426; 1952 Code Section 72-426; 1942 Code Section 7035-75; 1936 (39) 1231.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-10. Establishment of State Accident Fund; contents.

(A) There is established as a separate agency of state government a separate fund to be known as the State Accident Fund, hereinafter referred to as the "fund" or "state fund" in this article. This fund consists of annual premium charges, recoveries from the Second Injury Fund, recoveries by subrogation and, subject to subsection (B), of all income or revenue derived from investing these funds. Receipts for the credit of the fund and expenditures from the fund must be handled in the manner provided by law governing all state funds.
(B) One-third of the investment income generated in Fiscal Year 1990-91 and two-thirds of the income generated in Fiscal Year 1991-92 must be credited to the state fund in those years respectively. Thereafter all such income must be credited to the state fund except that the State Treasurer may charge the state fund, and credit to the general fund, the customary investment management fee.
HISTORY: 1962 Code Section 72-451; 1952 Code Section 72-451; 1947 (45) 147; 1974 (58) 2237; 1989 Act No. 189, Part II, Section 22A, eff June 8, 1989 (became law without the Governor's signature); 1993 Act No. 181, Section 987, eff July 1, 1993.
Editor's Note
1993 Act No. 181, Section 996, eff July 1, 1993, provides as follows:
"SECTION 996. Upon the effective date of this act, the State Workers' Compensation Fund shall be known as the State Accident Fund, and, other than as provided in Article 1, Chapter 7, Title 42 of the 1976 Code, Section 42-7-10 through Section 42-7-100 of this act, any other reference which may be contained in the 1976 Code of Laws or other statutes to the 'State Workers' Compensation Fund' shall be deemed to mean, and shall be changed to, the 'State Accident Fund'."
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-20. Administration of fund; director.

The State Accident Fund shall be administered by a director appointed by the Governor for a term of six years with the advice and consent of the Senate. The administration shall provide for employment of office and field personnel necessary for the proper conduct of the business of the fund, to the extent of appropriations therefor, including the determination of the amount of and the collection of annual charges, the issuance of certificates of compliance with this article, the investigation of claims, the adjustment and payment of claims and awards, the inspection of risks, study and investigation with respect to safety provisions with recommendations to employers as to means of preventing injuries, medical examination of employees, and the prosecution of subrogation rights against any third party. The director may inspect and audit records of employers for the purpose of determining or verifying the amount of annual charges against such employers.
HISTORY: 1962 Code Section 72-452; 1952 Code Section 72-452; 1947 (45) 147; 1974 (58) 2237; 1980 Act No. 509, Section 1; 1993 Act No. 181, Section 988, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-30. Legal representation for fund; extra legal services; fees and expenses.

Legal representation for the State Accident Fund shall be provided by a chief counsel and such staff attorneys as are necessary appointed by the director of the fund with the approval of the Attorney General. Any extra legal services that may be required must be performed by attorneys selected by the director also with the approval of the Attorney General. Fees and expenses for nonstaff attorneys must be approved by the director.
HISTORY: 1962 Code Section 72-453; 1952 Code Section 72-453; 1947 (45) 147; 1980 Act No. 509, Section 2; 1993 Act No. 181, Section 989, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-40. Application to State.

This article shall apply to the State including the State Guard and the National Guard.
HISTORY: 1962 Code Section 72-454; 1952 Code Section 72-454; 1947 (45) 147; 1993 Act No. 181, Section 990, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-50. Subdivisions of State; optimal participation.

Any county or municipality in the State or any agency or institution thereof shall have the option of participating under the provisions of this article but no county, municipality, agency or institution thereof shall be covered by the workers' compensation insurance provided in this article until payment of the annual charge provided in this title shall have been made to the fund, nor shall any county, municipality, agency or institution thereof be covered by this insurance after the lapse of the period for which the annual charge has been paid. The director shall notify each county, municipality, agency or institution thereof at least thirty days before the expiration date of its coverage in order that the county, municipality, agency, or institution may keep its insurance in force continuously.
HISTORY: 1962 Code Section 72-455; 1952 Code Section 72-455; 1947 (45) 147; 1974 (58) 2237.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-60. Officers and employees covered by article.

Notwithstanding anything to the contrary contained in Section 42-1-130, the provisions of this article apply to all officers and employees of the State and of any county, municipality, or other political subdivision thereof or any agency or institution of the State which has elected to participate under this article under the provisions of Section 42-7-50.
In cases of officers or employees who are on a partial or total fee basis or whose official duties require only part time the director may fix, for the purpose of this article, the average weekly wage of this officer or employee, not in excess of forty dollars and collect charges from the employer of this officer or employee on the basis of the average weekly wage so fixed.
Any client of the state agency of Vocational Rehabilitation Department, while involved in a program of assessment or work adjustment as defined in this section, who suffers an injury for which compensation is specifically prescribed in this title, may be awarded and paid compensation under the provisions of this title. For purposes of this section, "a client involved in a program of assessment or work adjustment" is defined as any client performing work tasks which are part of the program of Vocational Rehabilitation services for the individual and who in turn receives wage payments from the agency for the work performed.
Students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, distributive education, or apprentice programs on the premises of private companies are also covered by the provisions of this title.
HISTORY: 1962 Code Section 72-456; 1952 Code Section 72-456; 1947 (45) 147; 1974 (58) 2237; 1982 Act No. 275; 1984 Act No. 424, Section 2.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-67. Benefits for State and National Guard members.

For members of the South Carolina State and National Guard injured while so employed, the extent, duration, and termination of disability and medical benefits under this title must be determined by reference to the member's civilian employment, if any, without considering the member's military position. If the member does not have civilian employment, reference may be made to the member's military position.
HISTORY: 1985 Act No. 174, Section 3, eff June 24, 1985; 1990 Act No. 612, Part II, Section 15A, eff June 13, 1990 (became law without the Governor's signature); 1996 Act No. 451, Section 3, eff June 18, 1996.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-70. Rates and premiums.

The rates and premiums paid by employers insured in the fund must not be excessive, inadequate, or unfairly discriminatory. Employers may be grouped by classifications for the establishment of rates and minimum premiums, and classification rates may be modified to produce rates for individual employers in accordance with rating laws which establish standards for measuring any variations in hazards or expense provisions, or both, that can be demonstrated to have a probable effect upon losses or expenses. All premiums collected by the fund must be deposited by it in the State Treasurer to the credit of the State Accident Fund.
HISTORY: 1962 Code Section 72-457; 1952 Code Section 72-457; 1947 (45) 147; 1974 (58) 2237; 1993 Act No. 181, Section 991, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-80. Payment of awards; notice of intention to contest award.

When awards under this article are made by the commission, the commission shall transmit to the director of the fund an official copy of such award, which shall contain the name of the claimant or beneficiary, an itemized statement of the payments to be made and such other information as may be necessary to constitute a full record of the case. Upon receipt of such official award the director of the fund, if he approves the award, shall forward an official copy thereof to the Comptroller General who shall issue his warrant upon the State Treasurer in payment of the claim and retain the award as his voucher therefor. If the director intends to litigate or otherwise contest the award, he shall notify the commission of such intention.
HISTORY: 1962 Code Section 72-458; 1952 Code Section 72-458; 1947 (45) 147; 1974 (58) 2237.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-100. Fund director may insure liability.

The fund director may, with the approval of the State Fiscal Accountability Authority, carry in a reliable insurance company or companies, such portion of the insurance liability as may be deemed advantageous.
HISTORY: 1962 Code Section 72-460; 1952 Code Section 72-460; 1947 (45) 147; 1974 (58) 2237.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-210. Transfers from general fund to State Accident Fund authorized.

Notwithstanding the amounts annually appropriated as Workers' Compensation Insurance to cover Workers' Compensation benefit claims paid to employees of the state government who are entitled under state law, the State Treasurer and the Comptroller General are hereby authorized and directed to pay from the general fund of the State to the State Accident Fund such funds as are necessary to cover actual benefit claims paid and expenses relating to the operations of the agency during the current fiscal year which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund must certify quarterly to the State Fiscal Accountability Authority the state's liability for such benefit claims actually paid to claimants who are employees of the State of South Carolina and entitled under state law. The amount so certified must be remitted to the State Accident Fund.
HISTORY: 2002 Act No. 356, Section 1, Pt IX.K, eff July 1, 2002.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-220. South Carolina First Responder Line of Duty Death Benefit Fund.

There is established, within the office of the State Accident Fund, the South Carolina First Responder Line of Duty Death Benefit Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of the fiscal year carries forward in the fund in the succeeding fiscal year. This fund is created to ensure payment of line of duty death benefits to first responders as defined in Section 42-7-90 and only may be used for that purpose. The fund must be administered by the Director of the State Accident Fund who shall establish procedures to implement this section. Upon request from the Director of the State Accident Fund, the State Treasurer shall transfer from general funds of the State into the separate fund such sufficient amounts to pay claims that are owing and due pursuant to this section. The State Accident Fund, in coordination with the Office of State Treasurer, shall provide a report on an annual basis on the claims from the fund to the Senate Finance Committee and the House Ways and Means Committee.
HISTORY: 2023 Act No. 75 (S.108), Section 4, eff June 19, 2023.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 7 - Funds › Section 42-7-320. Termination of Second Injury Fund; schedule.

(A) Except as otherwise provided in this section, on and after July 1, 2013, the programs and appropriations of the Second Injury Fund are terminated. The State Fiscal Accountability Authority must provide for the efficient and expeditious closure of the fund with the orderly winding down of the affairs of the fund so that the remaining liabilities of the fund are paid utilizing assessments, accelerated assessments, annuities, loss portfolio transfers, or such other mechanisms as are reasonably determined necessary to fund any remaining liabilities of the fund. The Department of Insurance and the Workers' Compensation Commission may submit comments and suggestions to be considered by the State Fiscal Accountability Authority in planning for the closure of the fund. The State Fiscal Accountability Authority shall cause all necessary actions to be taken to provide appropriate staffing of the fund until such time as the staff services are no longer required to administer the obligations of the fund. The fund's administrative costs, including employee salaries and benefits, shall be paid from the Second Injury Fund Trust if the interest from the trust becomes insufficient to pay these obligations.
(B) After December 31, 2011, the Second Injury Fund shall not accept a claim for reimbursement from any employer, self-insurer, or insurance carrier. The fund shall not consider a claim for reimbursement for an injury that occurs on or after July 1, 2008.
(1) An employer, self-insurer, or insurance carrier must notify the Second Injury Fund of a potential claim by December 31, 2010. Failure to submit notice by December 31, 2010, shall bar an employer, self-insurer, or insurance carrier from recovery from the fund.
(2) An employer, self-insurer, or insurance carrier must submit all required information for consideration of accepting a claim to the Second Injury Fund by June 30, 2011. Failure to submit all required information to the fund by June 30, 2011, so that the claim can be accepted, compromised, or denied shall bar an employer, self-insurer, or insurance carrier from recovery from the fund.
(3) Insurance carriers, self-insurers, and the State Accident Fund remain liable for Second Injury Fund assessments, as determined by the State Fiscal Accountability Authority, in order to pay accepted claims. The fund shall continue reimbursing employers and insurance carriers for claims accepted by the fund on or before December 31, 2011.
HISTORY: 2007 Act No. 111, Pt II, Section 5, eff July 1, 2007, applicable to injuries that occur on or after that date.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 42 - Workers' Compensation › Chapter 9 - Compensation And Payment › Section 42-9-5. Basis for award.

Any award made pursuant to this title must be based upon specific and written detailed findings of fact substantiating the award.
HISTORY: 2007 Act No. 111, Pt I, Section 16, 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 9 - Compensation And Payment › Section 42-9-10. Amount of compensation for total disability; what constitutes total disability.

(A) When the incapacity for work resulting from an injury is total, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent of his average weekly wages, but not less than seventy-five dollars a week so long as this amount does not exceed his average weekly salary; if this amount does exceed his average weekly salary, the injured employee may not be paid, each week, less than his average weekly salary. The injured employee may not be paid more each week than the average weekly wage in this State for the preceding fiscal year. In no case may the period covered by the compensation exceed five hundred weeks except as provided in subsection (C).
(B) The loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes, or any two thereof, constitutes total and permanent disability to be compensated according to the provisions of this section.
(C) Notwithstanding the five-hundred-week limitation prescribed in this section or elsewhere in this title, any person determined to be totally and permanently disabled who as a result of a compensable injury is a paraplegic, a quadriplegic, or who has suffered physical brain damage is not subject to the five-hundred-week limitation and shall receive the benefits for life.
(D) Notwithstanding the provisions of Section 42-9-301, no total lump sum payment may be ordered by the commission in any case under this section where the injured person is entitled to lifetime benefits.
HISTORY: 1962 Code Section 72-151; 1952 Code Section 72-151; 1942 Code Sections 7035-32, 7035-34; 1936 (39) 1231; 1937 (40) 613; 1941 (42) 221; 1953 (48) 103; 1966 (54) 2753; 1972 (57) 2339; 1974 (58) 2265; 1976 Act No. 532 Section 3; 1978 Act No. 500 Section 1; 1984 Act No. 417; 1986 Act No. 389, eff April 29, 1986; 2007 Act No. 111, Pt I, Section 17, eff July 1, 2007, applicable to injuries that occur on or after that date.