reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-216 - Guardian ad Litem, Appointment

Current through Register Vol. 48, No. 6, June 28, 2024
A. When a minor or mentally incompetent
			 person is a party, a Guardian ad Litem shall represent the minor or mentally
			 incompetent.
B. When a claim
			 involves a fatality, a Guardian ad Litem shall represent the minor child or
			 children.
C. A Guardian ad Litem
			 may file proof of guardianship with the Commission's Judicial Department or a
			 person may request a Commissioner appoint a Guardian ad Litem by filing and
			 serving a motion pursuant to R.67-215.
D. The qualifications of and proceedings for
			 appointment of a Guardian ad Litem shall be the same as those found in the
			 South Carolina Rules of Civil Procedure; but, a Commissioner may require the
			 appointment of an attorney as the Guardian ad Litem.
E. The Commission shall not hold a hearing
			 for final determination of benefits until proof of appointment of a Guardian ad
			 Litem is filed with the Commission.
F. The Commissioner may order the Guardian ad
			 Litem paid from the proceeds of the claim for services rendered. If the parties
			 settle the case according to Article 8, the Guardian ad Litem shall file a Form
			 61, Attorney Fee Petition, according to R.67-1204
			 for approval of the fee. The employer's representative is not liable for the
			 Guardian ad Litem's expenses; however, upon conclusion of the claim, the
			 employer's representative may pay the Guardian ad Litem directly as provided by
			 an approved Form 61 or as ordered by the Commission with such payment deducted
			 from the recipient's compensation.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 3 - NOTICES REQUIRED UNDER THE ACT › Section 67-301 - Posting Notice

Current through Register Vol. 48, No. 6, June 28, 2024
A. All
			 employers operating under the Act, whether by law or by election, shall post
			 publicly and keep posted in their place of business a Form 2, Employer's Notice
			 of Being Subject to the Act.
B. The
			 notice shall state, substantially, the following:
"We are operating under and subject to the Workers'
				Compensation Act of South Carolina. In case of accidental injury or death to an
				employee, the injured employee, or someone acting on his or her behalf, shall
				give immediate notice to the employer or general authorized agent. Failure to
				give immediate notice may be the cause of serious delay in the payment of
				compensation to the injured employee or his or her beneficiaries and may result
				in failure to receive any compensation benefits whatsoever."
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-401 - Designation of Authorized Recipient of Service and Other Demands

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every workers'
			 compensation insurance carrier, self-insured employer, and self-insurance fund
			 doing business in this State shall designate one address and one electronic
			 address as the authorized recipient in underwriting matters of service, mail,
			 documentation, requests, inquiries, and other demands concerning the employer,
			 the insurance carrier, the self-insured, the self-insurance fund, and a member
			 of the self-insurance fund.
B.
			 Every workers' compensation insurance carrier, self-insured employer, and
			 self-insurance fund doing business in this State shall designate one address
			 and one electronic address as the authorized recipient in claims and all other
			 non-underwriting matters of service, mail, documentation, requests, inquiries,
			 and other demands concerning the employer, the insurance carrier, the
			 self-insured, the self-insurance fund, and a member of the self-insurance
			 fund.
C. The workers' compensation
			 insurance carrier, self-insured employer, and self-insurance fund shall provide
			 in writing the name, address, electronic address, and telephone number of the
			 authorized recipient to the Commission.
D. The designation is deemed continuous. A
			 change in designation shall not be effective until after thirty days written
			 notice to the Commission.
E. If
			 coverage has been reported to the Commission by EDI and the report included an
			 underwriting office address, the address most recently reported shall be deemed
			 the designated address for all underwriting matters related to that coverage in
			 lieu of the address designated under R.67-401A.
F. If a claim has been reported to the
			 Commission by EDI and the report included a claims office address, the address
			 most recently reported shall be deemed the designated address for all matters
			 related to that claim in lieu of the address designated under
			 R.67-401B.
G. Every workers'
			 compensation insurance carrier, self-insured employer, and self-insurance fund
			 shall provide in writing their home office address, electronic address, and
			 telephone number.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-402 - Corporate Officer Rejection of the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. A corporate officer may reject the Act by
			 taking the following action:
(1) The
			 corporate officer shall complete and file with the employer's insurance carrier
			 a Form 5, Corporate Officer Notice to Reject.
(2) The effective date of rejection is the
			 effective date listed on the Form 5, no sooner than the day following the day
			 the corporate officer signed the form.
(3) The corporate officer shall provide
			 notice to the employer of the rejection of the Act by giving a copy of the Form
			 5, personally, to the employer or its agent or by sending it by registered or
			 certified mail to the employer or its agent.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-403 - Election to Adopt the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 An employer adopts the Act by obtaining workers' compensation insurance or by
			 operating under an approved self-insurance program.
B. When an employer exempt from the Act has
			 with its employees elected to operate under the Act and has filed notice of
			 such agreement and complied with the provisions of the Act, the employer and
			 its employees who have elected with the employer shall, until notice to the
			 contrary is filed with the Commission, continue to operate under the Act
			 without additional election.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-404 - Withdrawing from the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 An employer who, having elected to come under the Act, being at that time
			 exempt, is deemed to continue to operate under the Act until a Form 38, Notice
			 of Withdrawal from the Act, is filed with the Commission's Coverage and
			 Compliance Department and its employees are provided written notice in section
			 B below.
B. An employer shall
			 withdraw from the Act by filing a Form 38 with the Coverage and Compliance
			 Department as in subsection B(1), or, by notifying its insurance carrier as in
			 subsection B(2) below.
(1) The employer shall
			 complete and file with the Coverage and Compliance Department the original and
			 one copy of a Form 38.
(a) Upon receipt of a
			 completed, signed, and notarized Form 38, the Coverage and Compliance
			 Department will return to the employer an approved Form 38.
(b) The effective date of withdrawal, sixty
			 days from the date of filing, will appear on the form.
(c) The employer shall provide notice to its
			 employees before the effective date of withdrawal by posting the approved Form
			 38 conspicuously in the place of employment or by giving each employee,
			 personally, a copy of the approved Form 38.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-405 - Employers and Insurance Carriers, Proof of Compliance

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every employer operating under the Act
			 shall file with the Commission proof of its compliance with the insurance
			 provisions of this Chapter and the Act.
B. When an employer insures its liability
			 under the Act, the insurer shall file a report of coverage within thirty days
			 of the inception date of the policy with the Commission's authorized agent as
			 proof of the employer's compliance with the insurance provisions of this
			 Chapter and the Act and as provided herein.
(1) A workers' compensation insurance carrier
			 shall file a report of coverage in accordance with R.67-416.
(2) The State Accident Fund shall file a
			 report of coverage in accordance with R.67-416.
(3) A self-insurance fund shall comply with
			 the insurance reporting requirements in Article 15 of this Chapter.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-409 - Duplicate or Dual Insurance Coverage

Current through Register Vol. 48, No. 6, June 28, 2024
A. When duplicate or dual coverage exists by
			 reason of two different insurance carriers issuing two policies to the same
			 employer securing the same liability, the Commission shall presume the policy
			 with the later effective date is in force and the earlier policy terminated on
			 the effective date of the later policy.
B. When both policies carry the same
			 effective date, one policy may be cancelled by filing a notice of termination
			 retroactive to the date of the policy's inception.
(1) Cancellation must be reported as provided
			 in R.67-405.
(2) The insurance
			 carrier issuing the notice of termination shall provide the employer notice of
			 termination.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-411 - Employer's Report of Injury, Form 12A

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each employer shall keep a record of all
			 injuries, fatal or otherwise, received by its employees in the course of their
			 employment.
(1) The record must be made on
			 the Form 12A and retained or filed according to section B below.
(2) The Commission shall not construe the
			 filing of a Form 12A as an admission of liability on the part of the employer
			 or the employer's representative.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-412 - Employer's Report of Injury, Form 12M

Current through Register Vol. 48, No. 6, June 28, 2024
A. The employer's representative shall report
			 to the Commission injuries reported by the employer pursuant to R.67-411C(1).
B. This report shall be made in accordance
			 with R.67-416
			 within ten days of closing by the employer's representative.
C. Late reports shall be subject to a fine
			 for late reporting plus an additional penalty of five dollars for each day
			 late.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-413 - Periodic Report

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 employer's representative shall file a Form 18, Periodic Report, or the EDI
			 equivalent Sub Annual (SA), as follows:
(1)
			 Six months after the alleged date of injury and each six months thereafter
			 until the Commission's file is closed; and
(2) At the request of the
			 Commission.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-414 - Status Report and Compensation Receipt

Current through Register Vol. 48, No. 6, June 28, 2024
A. After payment of all compensation the
			 employer's representative shall file with the Commission's Claims Department a
			 Form 19, Status Report and Compensation Receipt, as provided in Section C
			 below. If an individual claim file has been created by the Commission, a Form
			 19 is required to close the file, even if no compensation has been
			 paid.
B. When the employer's
			 representative denies the claim, a Form 19 must be filed with the Claims
			 Department, and the employer's representative shall:
(1) Attach to the form a copy of the letter
			 provided to the claimant denying the claim; and
(2) Complete, sign, and file a Form 19. The
			 claimant's signature is not necessary.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-415 - Documentation of Insurance

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 For purposes of Section
			 42-1-415,
			 either of the following is acceptable as documentation of insurance:
(1) The declaration page of a standard
			 workers' compensation policy, as issued by the insurance carrier for the
			 insured, serves as documentation of insurance for both South Carolina and
			 out-of-state employers, provided South Carolina is indicated as a named state
			 in section 3A or 3C.
(2) The ACORD
			 Form 25-S, Certificate of Insurance, as issued by the insurance carrier for the
			 insured, is acceptable documentation of insurance, provided the Certificate of
			 Insurance indicates a valid South Carolina address for the insured, is dated,
			 signed and issued by an authorized representative of the insurance carrier for
			 the insured. For an out-of-state employer, the ACORD Form 25-S is acceptable,
			 provided the authorized representative of the insurance carrier for the insured
			 affirms the following in an accompanying statement: South Carolina is a named
			 state in section 3A or 3C of the declaration page of the insured's
			 policy.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-416 - Electronic Data Interface

Current through Register Vol. 48, No. 6, June 28, 2024
A. All
			 insurance carriers, third party administrators, self-insureds, self-insured
			 funds, and the State Accident Fund reporting coverage, accident, and claims
			 information to the Commission shall report such information using electronic
			 interchange standards prescribed by the Commission.
B. Failure to comply with the Commission's
			 prescribed electronic data interchange standard shall result in the assessment
			 of fines in accordance with R.67-1401.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 4 - REPORTS REQUIRED, EMPLOYERS AND INSURANCE CARRIERS › Section 67-417 - Examination of Claim Files

Current through Register Vol. 48, No. 6, June 28, 2024
A. As
			 part of the claims review process, the Commission may conduct on-site
			 examinations of all records relating to injuries, fatal or otherwise, sustained
			 in the course and scope of an employee's employment.
B. Insurance carriers, self-insured
			 employers, self-insured funds, the State Accident Fund, and any claims
			 administrator acting on their behalf are required to cooperate with
			 examinations.
C. Claims will be
			 reviewed to ensure timely and accurate payment of benefits and the proper
			 filing of reports as required under Title 42 and Chapter 67.
D. Repeated violations of reporting standards
			 shall be reported to the South Carolina Department of Insurance pursuant to
			 Section
			 38-13-10.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 5 - TEMPORARY COMPENSATION › Section 67-502 - Words and Phrases, Defined

Current through Register Vol. 48, No. 6, June 28, 2024
A. Day of incapacity: The day of the injury
			 is the first day of incapacity unless the injured person receives full pay for
			 the day. In that event, the first day of incapacity is the day following
			 receipt of full pay from the employer.
B. Disability:
(1) Incapacity because of injury to earn
			 wages which the employee was receiving at the time of injury in the same or any
			 other employment.
(2) Disability is
			 presumed to continue until the employee returns to work or compensation is
			 otherwise suspended or terminated according to Section
			 42-9-260.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 5 - TEMPORARY COMPENSATION › Section 67-503 - Payment of Temporary Total and Temporary Partial Compensation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Medical,
			 surgical, hospital, and other treatment including medical and surgical supplies
			 are allowed from the first day of injury.
(1)
			 Temporary total or temporary partial compensation is incurred on the eighth
			 calendar day of incapacity and from the first day of incapacity if the injury
			 results in incapacity for more than fourteen calendar days. The seven and
			 fourteen day periods need not be consecutive days.
(2) Payment and acceptance of temporary
			 compensation files a claim.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 5 - TEMPORARY COMPENSATION › Section 67-504 - Terminating Payment of Temporary Total or Temporary Partial Compensation During the First One Hundred Fifty Days After Employer's Notice of the Accident

Current through Register Vol. 48, No. 6, June 28, 2024
A. The employer's
			 representative may terminate or suspend temporary compensation during the first
			 one hundred fifty days after the employer received notice of the injury
			 pursuant to Section
			 42-9-260.
			 When compensation is terminated or suspended, the employer's representative
			 shall complete Section I and Section II of the Form 15, Temporary Compensation
			 Report. The employer's representative shall file the Form 15 immediately with
			 the Claims Department and shall serve the Form 15 immediately on the claimant
			 pursuant to R.67-211
			 with documentation attached as to the reason for termination or
			 suspension.
B. To terminate or
			 suspend compensation pursuant to Section
			 42-9-260(B)(2),
			 the employer's representative must obtain a signed Form 17.
C. The claimant may request a hearing to
			 dispute the termination or suspension of temporary compensation by completing
			 Section III of the Form 15 and filing it according pursuant to
			 R.67-207.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 5 - TEMPORARY COMPENSATION › Section 67-505 - Suspending Temporary Compensation after the First One Hundred Fifty Days after the Employer's Notice of the Injury

Current through Register Vol. 48, No. 6, June 28, 2024
A. After the one hundred fifty day period,
			 the employer's representative shall not suspend or terminate temporary
			 compensation except as provided in this regulation or R.67-506.
B. Disability is presumed to continue until
			 the claimant returns or agrees he or she is able to return to work for fifteen
			 calendar days.
C. Temporary
			 compensation may be suspended as follows:
(1)
			 When the authorized health care provider reports the claimant is able to return
			 to work without restriction to the same or other suitable job, and such job is
			 provided by the employer, the employer's representative may suspend temporary
			 compensation while the claimant is working unless temporary partial
			 compensation is due.
(2) When the
			 authorized health care provider reports the claimant is able to return to work
			 at limited duty and the employer provides limited duty work consistent with the
			 terms upon which the claimant has been released, the employer's representative
			 may suspend temporary compensation while the claimant is working unless
			 temporary partial compensation is due.
(3) When the claimant returns to work for
			 another employer, the employer's representative may suspend temporary
			 compensation while the claimant is working, unless temporary partial
			 compensation is due.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 5 - TEMPORARY COMPENSATION › Section 67-506 - Terminating Temporary Compensation after the First One Hundred Fifty Days after the Employer's Notice of the Injury

Current through Register Vol. 48, No. 6, June 28, 2024
A. After the one hundred fifty day period,
			 the employer's representative shall not suspend or terminate temporary
			 compensation except as provided in this regulation or in R.67-505.
			 Disability is presumed to continue until the employee returns to work, except
			 as provided herein.
B. After the
			 one hundred fifty day period, when the claimant is receiving temporary
			 compensation and the authorized health care provider reports the claimant has
			 reached maximum medical improvement, the employer's representative shall
			 continue payment of temporary compensation until the Commission finds the
			 employer's representative may terminate compensation unless compensation has
			 been suspended according to R.67-505.
			 When compensation has been suspended according to R.67-505,
			 see section F below.
C. After the
			 one hundred fifty day period, when the claimant is receiving temporary
			 compensation and the authorized health care provider reports the claimant may
			 return to work at the same or other suitable job and such job has been offered
			 by the employer but the claimant refuses to return to work, the employer's
			 representative must continue payment of temporary compensation until the
			 Commission finds the employer's representative may terminate temporary
			 compensation.
D. After the one
			 hundred fifty day period, when the claimant is receiving temporary compensation
			 and the authorized health care provider assigns an impairment rating and
			 reports the claimant is unable to return to work at the same or other suitable
			 job, the employer's representative must continue payment of temporary
			 compensation until the Commission finds the employer's representative may
			 terminate temporary compensation.
E. To request a hearing for permission to
			 terminate temporary compensation, the employer's representative shall file a
			 Form 21 with the Judicial Department.
(1) The
			 employer's representative shall serve a copy of the Form 21 on the claimant
			 according to R.67-211.
(2) The
			 employer's representative shall certify temporary compensation is current or no
			 hearing will be set.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 5 - TEMPORARY COMPENSATION › Section 67-509 - Medical Treatment While Receiving Temporary Compensation Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. The employer's
			 representative chooses an authorized health care provider and pays for
			 authorized treatment.
B. The
			 claimant should contact the employer's representative with questions about
			 medical care and payment.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 5 - TEMPORARY COMPENSATION › Section 67-510 - Unauthorized Suspension or Termination of Temporary Compensation Benefits

Current through Register Vol. 48, No. 6, June 28, 2024
A. If the
			 employer's representative suspends, terminates, or reduces temporary total or
			 temporary partial compensation benefits without first complying with the
			 procedures in this Article, the claimant may be entitled to additional
			 compensation and penalty as provided in this Chapter and the Act.
B. The claimant may request a hearing as
			 provided in R.67-207
			 for the relief in section A above.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-601 - Hearings, Generally

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Commission may, on its own motion, order a hearing.
B. The Commission will not set a hearing
			 until a conflict arises.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-602 - Hearings, Required Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission's file must contain all
			 required forms and medical reports filed according to R.67-1301.
B. In a claim involving a fatality, the
			 claimant must obtain the following items:
(1)
			 The death certificate;
(2) Marriage
			 license, if any;
(3) Divorce
			 decree, if any;
(4) Birth
			 certificates of children, if any; and
(5) A statement of burial expenses.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-603 - Employer's Answer to a Request for Hearing, Time for Filing and Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. The employer's
			 representative shall respond to a Form 50 by preparing a Form 51 and respond to
			 a Form 52 by preparing a Form 53.
B. The employer's attorney shall fully state
			 its position and defenses, if any, replying to each specification in the Form
			 50 or Form 52 and:
(1) File the Form 51 or
			 Form 53 and a proof of service with the Commission's Judicial Department within
			 thirty days of service of the Form 50 or Form 52; and
(2) Serve the claimant a copy of the Form 51
			 or Form 53 according to R.67-211.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-604 - General Denial to Employer's Request for Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Except when the employer is seeking
			 permission to pay compensation as provided by R.67-208B,
			 each allegation made in a Form 21 is deemed denied.
B. The claimant may, but is not required to,
			 file a response to the Form 21 in writing.
(1)
			 File the response, if any, and proof of service with the Commission's Judicial
			 Department within thirty days of service of the Form 21.
(2) Serve the employer's representative
			 according to R.67-211.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-605 - Second Injury Fund's Answer to a Request for Hearing, Time for Filing and Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 attorney for the Second Injury Fund shall file and serve a Form 55, Answer of
			 the Second Injury Fund to Employer's Request for Hearing, as provided
			 below.
B. File the Form 55 and
			 proof of service with the Commission's Judicial Department within thirty days
			 of service of the Form 54.
C. Serve
			 the employer according to R.67-211.
D. Failure to file a Form 55 within the
			 period in section B above shall be deemed a general denial of liability for the
			 benefits claimed and the Second Injury Fund by the failure to respond within
			 the period allowed in Section B shall forfeit each special and affirmative
			 defense allowed by the Act.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-606 - Employee's Wage Determination

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 The average weekly wage and compensation rate is an issue for determination at
			 the hearing unless stipulated by the parties.
B. The employer's representative shall
			 prepare, file, and serve a Form 20 according to R.67-1603.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-607 - Hearing Notice

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Each party is afforded at least thirty days notice of a hearing.
B. The Commission issues a hearing notice to
			 the parties which includes the date, place, time, and purpose of the
			 hearing.
C. Hearing notices may be
			 issued electronically.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-608 - Failure to Appear at a Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission may issue an order
			 assessing a fine of up to one hundred dollars against a party who properly
			 served a hearing notice fails to appear at a scheduled hearing.
B. The party has the right to review and
			 appeal as in other cases.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-609 - Withdrawing a Request for Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. A claimant may withdraw a Form 50 or Form
			 52 once as a matter of right with leave to renew.
(1) A Form 50 or Form 52 may be withdrawn by
			 writing the Commission's Judicial Department, if a hearing notice has not been
			 issued, or, the Commissioner's office identified on the hearing
			 notice.
(2) When a Form 50 or Form
			 52 is withdrawn, a notice removing the case from the docket will be filed in
			 the Commission's record and a copy sent electronically or mailed to the parties
			 in R.67-210.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-610 - Amending Pleadings and Adding or Removing a Party

Current through Register Vol. 48, No. 6, June 28, 2024
A. Amendments Generally: After a Form 21, 50, 51, 52 or 53 is filed with the Commission, an "Amended" Form 21, 50, 51, 52 or 53 may be filed to indicate a change in the nature of the claim, responsible parties, relief requested, or defense subject to the limitations under R. 67-603. A party must indicate that a form has been amended by typing or printing the word "Amended" boldly across the top of the form and identify the amendment in the appropriate section of the form.
B. Amending the Nature of the Claim or Relief Requested: A party must amend Forms 21, 50, or 52 indicating a change in the nature of the claim or relief requested no later than 15 days prior to a hearing either by filing an amended form or by filing a Form 58 Pre-Hearing Brief according to R. 67-611. If no hearing has been scheduled, a party may amend Forms 21, 50 or 52 at any time.
(1) An amended form must be timely filed and served on all interested parties according to R. 67-211.
(2) If, after a hearing has been scheduled, a party makes an amendment to a pleading that materially changes the nature of the claim, a postponement may be granted to prepare and file responsive pleadings and to conduct additional discovery as permitted under R. 67-613(B).
(3) A party may file subsequent amended Forms 21, 50, or 52 indicating a change in the nature of the claim or the relief requested upon discovery of the additional claim or relief within a reasonable time.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-611 - Pre-hearing Brief

Current through Register Vol. 48, No. 6, June 28, 2024
A. A
			 claimant who is not represented by an attorney is not required to file a Form
			 58, Pre-hearing Brief.
(1) If the claimant
			 elects to file a Form 58, the claimant must mail the Form 58 to the
			 Commissioner's office identified on the hearing notice.
(2) The Commissioner's office shall send a
			 copy of the Form 58 to the employer's attorney.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-612 - Admission of Expert's Report as Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. This regulation does not apply to the Form
			 14A filed according to R.
			 67-1301, nor
			 shall this regulation be construed to limit a party's right to call a witness
			 (lay or expert) or present evidence (lay or expert) in the form of a
			 deposition.
B. A written expert's
			 report to be admitted as evidence at the hearing must be provided to the
			 opposing party as follows:
(1) The moving
			 party must provide the report to the opposing party at least fifteen days
			 before the scheduled hearing.
(2)
			 The non-moving party must provide to the moving party any report not provided
			 by the moving party at least ten days before the scheduled hearing.
(3) Where both parties file hearing requests
			 the first party to file shall be considered the moving party.
(4) The carrier shall be deemed the moving
			 party in all hearings scheduled pursuant to a request under R.
			 67-504C.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-613 - Postponement or Adjournment of the Scheduled Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each party shall arrange and present all
			 evidence at the hearing. Testimony of a necessary witness unable to appear at
			 the hearing may be presented by deposition.
B. A commissioner may postpone a hearing for
			 good cause.
(1) Good cause includes but is not
			 limited to:
(a) The attorney is actually
			 engaged in another court;
(b)
			 Illness;
(c) Additional discovery
			 is necessary;
(d) A conflict of
			 interest exists requiring another Commissioner hear the case;
(e) It is premature to hear the
			 case.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-614 - Hearing Costs

Current through Register Vol. 48, No. 6, June 28, 2024
A. A
			 Commissioner may issue an order assessing the actual cost of a hearing as
			 established by the Commission if the Commissioner determines that the hearing
			 has been brought, prosecuted, or defended on unreasonable grounds.
B. The party assessed has the right to review
			 and appeal as in other cases.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 6 - CONTESTED CASE PROCEDURE › Section 67-615 - Transcripts of Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
A. A
			 person may, by written request to the court reporter, obtain all or a portion
			 of a transcript of a hearing.
B. A
			 request for a portion of a transcript shall be limited to the entire testimony
			 of a particular witness, or the position of a party or parties.
C. The cost of a transcript is the
			 responsibility of the party ordering the transcript.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-701 - Requesting Commission Review of the Hearing Commissioner's Decision

Current through Register Vol. 48, No. 6, June 28, 2024
A. Either party or
			 both may request Commission review of the Hearing Commissioner's decision by
			 filing the original and three copies of a Form 30, Request for Commission
			 Review, with the Commission's Judicial Department within fourteen days of the
			 day the Commissioner's order is received. The fourteen day period is
			 jurisdictional. The Commission will not accept for filing a Form 30 that is not
			 postmarked or delivered to the Commission by the fourteenth day from the date
			 of receipt of the Hearing Commissioner's order. The appellant shall attach a
			 copy of the Order and Decision being appealed to the Form 30 and to the brief.
(1) The party requesting review is the
			 appellant. The opposing party is the respondent. Place the proper designation
			 after the names of the parties on the form.
(2) The W.C.C. file number assigned to the
			 case is retained and must be on the Form 30.
(3) The grounds for appeal must be set out in
			 detail on the Form 30 in the form of questions presented.
(a) Each question presented must be concise
			 and concern one finding of fact, conclusion of law, or other proposition the
			 appellant believes is in error.
(b)
			 to evidence must be by title and exhibit number.
(4) To request oral argument, mark the space
			 provided on the Form 30.
(a) If the space
			 provided on the Form 30 requesting oral argument is not marked, oral argument
			 is waived. The Commission will review the Commissioner's decision on the record
			 without oral argument.
(b) If the
			 appellant does not request oral argument, the respondent may request oral
			 argument by writing the Judicial Department. A copy of the letter requesting
			 oral argument must be sent to all opposing parties pursuant to
			 R.67-211.
(c) If respondent
			 requests oral argument, both parties may present oral argument.
(5) File the Form 30 and proof of
			 service with the Judicial Department. Serve the opposing party pursuant to
			 R.67-211.
(a) The Judicial Department will not
			 set a Form 30 for review until proof of service is filed.
(b) Failure to file proof of service will
			 result in receipt of a notice administratively dismissing the Form
			 30.
(c) An administrative dismissal
			 does not bar review if the Form 30 has been timely filed. When service is
			 completed, write the Judicial Department requesting the Form 30 be set for
			 review.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-702 - Filing Fee

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 appellant shall attach to the Form 30 the filing fee required by the
			 Act.
B. If a party is representing
			 himself or herself and is unable to pay the filing fee, the party must file the
			 Form 30 within fourteen days of receipt of the Commission's order. The party
			 may file a Form 32, Request to Waive Appeal Filing Fee, with the Form 30.
(1) The Commission's Chair reviews the Form
			 32.
(2) If the filing fee is not
			 waived, the appellant must pay the filing fee within ten days of the date of
			 receipt of a notice denying waiver of the filing fee.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-703 - Appeals without Merit

Current through Register Vol. 48, No. 6, June 28, 2024
A. At
			 the conclusion of the review if the Commission determines that the appeal was
			 without merit, it may charge, in its sole discretion, the appealing party an
			 additional fee not to exceed two hundred fifty dollars.
B. The person charged the additional fee has
			 the right to appeal as in other cases.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-704 - Notice of Review Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 The Commission serves the parties in R.67-210 a Form 31,
			 Notice of Review, at least thirty days before the date of review hearing.
(1) The Form 31 states the date, place, time,
			 purpose of the review hearing, and the filing date for the appellant's
			 brief.
(2) The appellant's brief
			 must be filed with the Commission according to R.67-205
			 and R.67-705
			 on or before the date stated on the Form 31.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-705 - Briefs, Filing and Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. On
			 each case appealed to the Commission for review, the appellant shall file a
			 brief that includes a statement of the case, questions presented, argument, and
			 conclusion.
B. The appellant shall
			 file the brief and proof of service on the opposing party with the Commission's
			 Judicial Department according to R.67-205
			 on or before the date on the Form 31.
C. The respondent may file a brief and proof
			 of service on the opposing party with the Judicial Department within fifteen
			 days of service of the appellant's brief.
D. The appellant may file a reply brief and
			 proof of service with the Judicial Department within ten days of service of the
			 respondent's brief.
E. No further
			 briefs are permitted unless requested by the Commission.
F. The original and three copies of the brief
			 must be filed when a three member Commission panel reviews the case as
			 indicated on the review hearing notice. The original and six copies of the
			 brief must be filed when a six member Commission panel reviews the case as
			 indicated on the review hearing notice.
G. Serve the briefs pursuant to
			 R.67-211.
			 If the claimant is representing himself or herself, the Judicial Department
			 prepares the additional copies of the brief and serves the brief on the
			 opposing party.
H. With the consent
			 of the opposing party, the time for filing a brief may be extended if a letter
			 acknowledging the agreement is filed with the Commission on or before the
			 original filing date.
(1) All briefs must be
			 filed at least five days before the scheduled date for review. The Commission
			 will exclude from consideration a brief filed later than five days before the
			 scheduled review.
(2) The party
			 extending the time for filing a brief shall file with the Judicial Department a
			 copy of the agreement. The agreement must state the date the brief is
			 due.
(3) If the appellant fails to
			 file a brief within ten days of receipt of the Form 31, the Judicial Department
			 may remove the case from the review hearing docket by issuing an administrative
			 order dismissing the appeal.
(4) An
			 appeal administratively dismissed by the Judicial Department may be reinstated
			 for a good cause upon motion to the Commission.
(a) A motion to reinstate the appeal must be
			 filed with the Commission and served on all parties no later than thirty days
			 from the date of service of the administrative order dismissing the
			 appeal.
(b) The motion will be
			 heard by the Full Commission without oral argument or appearance of the
			 party.
(c) If the case is
			 reinstated, the Commission may impose against the appellant costs up to two
			 hundred fifty dollars.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-706 - Oral Argument

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Each party is permitted ten minutes for oral argument. The appellant is
			 permitted three minutes for reply.
B. If both parties have appealed, each party
			 is permitted ten minutes for oral argument, and each party is permitted three
			 minutes for reply.
C. A party may
			 request additional time for argument by attaching a motion to the Form 30. The
			 Commission will issue an order before the case is set for argument.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-707 - Additional and Newly Discovered Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. When additional evidence is necessary for
			 the completion of the record in a case on review the Commission may, in its
			 discretion, order such evidence taken before a Commissioner.
B. When a party seeks to introduce new
			 evidence into the record on a case on review, the party shall file a motion and
			 affidavit with the Commission's Judicial Department.
C. The moving party must establish the new
			 evidence is of the same nature and character required for granting a new trial
			 and show:
(1) The evidence sought to be
			 introduced is not evidence of a cumulative or impeaching character but would
			 likely have produced a different result had the evidence been procurable at the
			 first hearing; and
(2) The evidence
			 was not known to the moving party at the time of the first hearing, by
			 reasonable diligence the new evidence could not have been secured, and the
			 discovery of the new evidence is being brought to the attention of the
			 Commission immediately upon its discovery.
(a)
			 File the motion and affidavit with proof of service as soon as the new evidence
			 is discovered. The motion and affidavit may be filed with the Form
			 30.
(b) Serve the opposing party
			 pursuant to R.67-215.
(c) Oral
			 argument will not be heard on the motion. The Commission will act upon the
			 motion and issue an order before the review hearing is held.
(d) If the Commission grants the motion, the
			 review hearing is stayed. The case will be remanded to the original Hearing
			 Commissioner who may, unless otherwise provided, reconvene the hearing or admit
			 the deposition of a witness into the record.
(e) The original Hearing Commissioner will
			 issue his or her findings and recommendations in the form of an order to the
			 Commission and the parties.
(f)
			 Upon the receipt of the Commissioner's order, the Judicial Department will
			 reset the case on the review hearing docket.
(g) If the Commission denies the motion, the
			 case may remain on the review hearing docket unless otherwise
			 provided.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-708 - Postponement

Current through Register Vol. 48, No. 6, June 28, 2024
A. A review hearing
			 may be postponed for the reasons in R.67-613.
B. Either party may contact the Commission's
			 Judicial Department to request postponement. A case may be postponed
			 administratively.
C. When the
			 appellant has caused postponement of a review hearing two times, the
			 appellant's request for oral argument is deemed waived. The case may be
			 reviewed on the record.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 7 - REVIEW AND HEARING › Section 67-709 - Commission Review, Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
A. Commission review may be conducted by a
			 three or six member review panel either of which excludes the original Hearing
			 Commissioner. An order of a three member review panel has the same force and
			 effect as a six member review panel and is the final decision of the
			 Commission.
B. The Commission's
			 Chair with approval of the majority of the other Commissioners shall assign
			 cases to a three member panel according to the following subsections:
(1) When a Form 30 is filed, the Hearing
			 Commissioner is notified. If the Hearing Commissioner determines the review
			 involves a novel issue of law or fact, the Hearing Commissioner may request the
			 Commission's Chair set the case for review by a six member review
			 panel.
(2) If the Hearing
			 Commissioner does not request a six member review, the Commission's Chair may
			 assign the review to a three member panel.
(3) The Commission's Chair may appoint by
			 random selection two review panels and exclude, on a rotating basis, one
			 Commissioner from the panels each month. The Commission's Chair may assign a
			 case for review as in B(2) above to a three member panel that excludes the
			 original Hearing Commissioner.