South Carolina Workers’ Compensation Commission

67-611. Pre-hearing Brief. 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)…

67-612. Admission of Expert’s Report as Evidence. 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 …

67-613. Postponement or Adjournment of the Scheduled Hearing. 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 ca…

67-614. Hearing Costs. 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 rig…

67-615. Transcripts of Hearings. 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 part…

67-701. Requesting Commission Review of the Hearing Commissioner’s Decision. 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 Jud…

67-702. Filing Fee. 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. Th…

67-703. Appeals without Merit. 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 additi…

67-704. Notice of Review Hearing. 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 appella…

67-705. Briefs, Filing and Service. 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 oppo…

67-706. Oral Argument. 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 …

67-707. Additional and Newly Discovered Evidence. 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 …

67-708. Postponement. 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 he…

67-709. Commission Review, Procedure. 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 …

67-710. Settlement of a Claim Pending Review. A. If the parties settle a claim after filing a Form 30, the appellant shall immediately notify the Commission’s Judicial Department in writing. B. The Judicial Department will remove the case from the review hearing docket or notify …

67-711. Transcripts. A. Oral argument presented to the Commission is recorded. B. A transcript may be requested by notifying the Commission’s Judicial Department. The terms and costs as in R.67-615 shall apply.

67-712. Requesting Higher Court Review. A. The appellant shall notify the Judicial Department of any and all subsequent appeals. B. The prevailing party shall provide the Judicial Department with a copy of any orders issued by the courts on appeal. The prevailing party shall also…

67-801. Settlement of the Claim, General. A. After the claimant reaches maximum medical improvement the parties may agree to settle the claim by signing a Form 16 or Form 16A, Agreement for Permanent Disability/Disfigurement Compensation, or by signing an Agreement and Final Rele…

67-802. Settlement, Form 16, Form 16A. A. If the parties agree to the terms of a Form 16 or Form 16A, the employer’s representative shall complete a Form 16 or Form 16A by recording the claimant’s compensation rate; the percent of disability agreed upon disfigurement, if any; and…

67-803. Settlement by Agreement and Final Release. A. If the parties agree to the terms of a settlement by entering into an Agreement and Final Release, the document shall include the following: (1) The caption of the claim; (2) A statement of the facts at issue; (3) The date and…

67-804. Informal Conference. A. Appearances at Informal Conferences. (1) A claims mediator may appear on behalf of a Commissioner at an informal conference when the purpose of the informal conference is to: (a) review a proposed Form 16 or Form 16A settlement when the total amoun…

67-805. Third Party Settlements. A. The distribution of third party settlement proceeds must be filed with the Commission unless otherwise directed by a court of competent jurisdiction. B. File the settlement documents with the Claims Department. C. If the parties agree, third pa…

67-901. Notification that a Fatality has Occurred, Required. A. The employer’s representative must state on the Form 12A a fatality has occurred. B. If after a Form 12A is filed the claimant dies, the employer’s representative must notify the Commission’s Claims Department by let…

67-902. Discovery of Beneficiaries. A. The employer’s representative must make a good faith effort to discover the decedent’s beneficiaries. B. The employer’s representative shall attach to the Form 12A a list of the names, addresses, and ages of all known beneficiaries. C. If th…

67-903. Fatality, Statement on Liability Required. A. When the Commission is notified a fatality has occurred, the Commission’s Claims Department requests a statement from the employer’s representative on liability. (1) The employer’s representative shall file a reply in writing …

67-904. Employer Accepts Liability, Procedure. A. If the employer’s representative accepts liability for a claim involving a fatality the Commission will automatically set a hearing to determine beneficiaries. (1) The parties are notified of the date, time, and place of the heari…

67-905. Employer Denies Liability, Procedure. A. If the employer’s representative denies liability of a claim involving a fatality, the claimant must request a hearing by filing a Form 52 according to R.67-207. B. A Guardian ad Litem must be appointed according to R.67-216. C. If…