South Carolina Administrative Code

67-1602. Payment of Compensation. A. Unless otherwise ordered by the Commission, the employer’s representative shall pay all compensation directly to (1) the claimant or (2) the guardian, if the claimant is a minor or incapacitated person, or (3) another person approved by a cour…

67-1603. Calculating the Compensation Rate. A. The employer’s representative shall calculate the claimant’s compensation rate by completing a Form 20, Statement of Earnings of Injured Employee. When using a Form 20 results in a compensa- tion rate that is not fair and just to eit…

67-1605. Lump Sum Payment. A. The employer’s representative shall pay, in lump sum, a settlement or award which is less than one hundred weeks. When a settlement or award is more than one hundred weeks, the Hearing Commissioner may order a lump sum payment or the claimant may req…

67-1606. Lump Sum Payment in a Claim Involving a Fatality. A. When the Commissioner orders or approves a lump sum payment to whole dependent(s), the accrued weeks are subtracted from the number of weeks awarded. (1) The present worth of the weeks remaining is calculated and multi…

67-1701. Repeal of Existing Regulations and Adoption of Articles 1 through 17, Inclu- sive. A. Existing Regulations 67-1 through 67-38, inclusive, are repealed effective ninety days from the date of the General Assembly’s approval of the adoption of Chapter 67, Article 1 through …

67-1801. Mediation. A. This mediation regulation is established to resolve disputes without the necessity of a hearing. The purpose is to afford a meaningful opportunity to the parties to achieve an efficient and a just resolution of their disputes in a timely and a cost-effectiv…

67-1802. Mediation Required with Certain Claims. A. The Commission orders that the following claims must be mediated prior to a hearing: (1) Claims for permanent and total disability arising under either Section 42-9-10 or Section 42-9-30(21); (2) Claims arising under Chapter 11 …

67-1803. Mediation Requested by Parties. The parties may request mediation by the proper submission of a Form 21, Form 50, Form 51, or the response to the Form 21, indicating a request for mediation. Except as provided in section 67-1802 A, either party may object to mediation by…

67-1804. Selection of Mediator and Required Schedule. A. The parties may consent to use any mediator who is duly qualified. The mediator must be certified as a mediator per the certification process established by the South Carolina Bar Association. B. The parties must select a m…

67-1805. Parties Represented. In addition to their attorney being present, each party shall provide a representative, who shall attend the mediation in person or via telephone. The representative shall have authority to enter into negotiations, in good faith, to resolve the issue…

67-1806. Mediation Communications Confidential. A. All communications and statements that take place within the context of mediation shall be confidential and not subject to disclosure. Such communications or statements shall not be disclosed by any mediator, party, attorney, or …

67-1807. Expense of Mediation. The parties shall share the cost of mediation equally, unless otherwise agreed by the parties, or as otherwise ordered by the Commission. HISTORY: Added by State Register Volume 37, Issue No. 6, eff June 28, 2013.

67-1808. Penalties. Any party who refuses or neglects to act in good faith during the mediation may be subject to a fine not to exceed the actual cost of the mediation. Any party who believes this provision has been violated may file a Motion for a Rule to Show Cause before the j…

67-1809. Forms Required Upon Completion. A Form 70 shall be filed by the mediator with the Judicial Department at the conclusion of the mediation. A Form 70 shall not become a part of the Commission’s file, and will solely be used for tracking purposes. The Commission shall not p…

67-201. Application of Regulations. A. These regulations are entitled to a liberal construction in the furtherance of the purpose for which the South Carolina Workers’ Compensation Law is intended. B. In doubtful cases, the application of these regulations shall be construed in f…

67-202. Words and Phrases, Defined. A. The definition of words and phrases used in this Chapter include: (1) Accident Reporting Division: A division of the Commission responsible for receipt and processing of the employer’s first report of injury, Form 12A (ACORD 4) and Form 12M.…

67-203. Official Forms and Documents. A. The Commission prepares and approves all required forms. A person shall use a Commission form and shall not substitute another document for a form. Reproduction of a form the same size is permitted, provided content is not altered. B. Comm…

67-204. Completing Forms. A. A person filing a form with the Commission shall complete each information blank on the form. Each form shall contain the W.C.C. file number and the employer’s FEIN, if known. B. The Commission may return an incomplete form to the sender with an expla…

67-205. Filing with the Commission, Defined. A. The date of filing a form or document with the Commission is provided in subsections B, C, and D. B. A form or document delivered to the Commission electronically, by first class mail, or by hand delivery is filed the date of receip…

67-206. Filing a Claim. A. To file a claim, file with the Commission’s Claims Department a Form 50, Form 52, or a letter as provided below. B. To file a claim on a Form 50 or Form 52, mark the box at the signature line which states ‘‘I am filing a claim. I am not requesting a hea…

67-207. Requesting a Hearing, Claimant. A. A hearing shall be requested by filing a Form 15, Form 50 or Form 52 with the Commission’s Judicial Department as provided below: (1) The party shall mark the box at the signature line on the Form 50 or Form 52 which states, I am request…

67-208. Requesting a Hearing, Employer. A. The employer’s representative may request a hearing by filing the appropriate form as provided below with the Commission’s Judicial Department and serving the form pursuant to R.67-211. B. To request a hearing for permission to pay compe…

67-209. Computation of Time. A. The day of the event, after which a designated period of time begins, is excluded. The last day, of the designated time period, is included. B. Saturdays, Sundays, State, and Federal holidays are included unless the designated time period ends on a…

67-210. Parties Served. A. Serve the following parties: (1) The insurer’s designated recipient as in R.67-401 (the employer is not served); (2) The employer directly when the employer is uninsured; (3) The party when the party is not represented by an attorney; (4) The Second Inj…

67-211. Service of Forms and Documents. A. Claimant’s Request for Hearing. (1) When the claimant is represented by an attorney, the attorney shall serve a copy of the Form 50 or Form 52 hearing request electronically or by depositing the form in the United States Postal Service f…

67-213. Service of Orders, Hearing Notices, and Review Hearing Notices. A. The Commission serves orders electronically, by certified mail, return receipt requested or by deposit in the United States Postal Service, first class postage, addressed to the parties pursuant to R.67-21…

67-214. Subpoenas. A. A party may subpoena a person or document(s), by completing and serving a Form 27 as set forth in this section. B. When the party issuing the Form 27 is represented by an attorney, the attorney shall complete and sign the Form 27. C. A party not represented …

67-215. Motions. A. This regulation governs motions practice at all levels of proceedings before the Commission. A party may file a motion when a form is not applicable. The Commission will accept motions including, but not limited to, a motion (1) Relating to a subpoena or disco…

67-216. Guardian ad Litem, Appointment. 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 Gua…

67-301. Posting Notice. 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 a…

67-401. Designation of Authorized Recipient of Service and Other Demands. 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 recipie…

67-402. Corporate Officer Rejection of the Act. 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 o…

67-403. Election to Adopt the Act. 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 no…

67-404. Withdrawing from the Act. 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 Departm…

67-405. Employers and Insurance Carriers, Proof of Compliance. 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 …

67-409. Duplicate or Dual Insurance Coverage. 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…

67-411. Employer’s Report of Injury, Form 12A. 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…

67-412. Employer’s Report of Injury, Form 12M. 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 represe…

67-413. Periodic Report. 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…

67-414. Status Report and Compensation Receipt. 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…

67-415. Documentation of Insurance. 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 documen…

67-416. Electronic Data Interface. 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 interchan…

67-417. Examination of Claim Files. 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…

67-502. Words and Phrases, Defined. 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. Disabi…

67-503. Payment of Temporary Total and Temporary Partial Compensation. 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 ei…

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. A. The employer’s representative may terminate or suspend temporary compensation during the first one hundred fifty da…

67-505. Suspending Temporary Compensation after the First One Hundred Fifty Days after the Employer’s Notice of the Injury. A. After the one hundred fifty day period, the employer’s representative shall not suspend or terminate temporary compensation except as provided in this re…