South Carolina Code of Regulations
Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION
Article 12 - ATTORNEY PRACTICE AND FEES
Section 67-1207 - Collection of Attorney's Fee in a Lump Sum
Universal Citation: SC Code Regs 67-1207
Current through Register Vol. 48, No. 3, March 22, 2024
A. If the claimant receives an award or settlement of more than one hundred weeks that is not to be paid in a lump sum, and there are not sufficient accrued weeks to satisfy the attorney's fee and costs, the attorney may request collection of the commuted value of his or her approved fee directly from the employer's representative
B. To request payment of the attorney's fee in a lump sum, file a motion for Lump Sum Payment of Attorney's Fee according to R.67-215 with the Commission's Judicial Department.
(1) Attach
a completed Form 61 to the Motion. The Commission will commute the fee to
present day value as provided below.
(a) The
number of weeks to which the fee is equivalent is determined by dividing the
approved fee by the claimant's compensation rate.
(b) The present day value of the weeks is
determined according to the discount tables approved by the
Commission.
(c) The present day
value is multiplied by the compensation rate, resulting in the attorney's fee
reduced to present day value.
(2) The amount of each payment the claimant
receives shall not be altered or interrupted. The attorney's fee is deducted
from the end of the award. The attorney may obtain a calculation of the
commuted value of the attorney fee by writing the Commission's Claims
Department.
(3) If the parties
agree to pay the attorney in a lump sum, the attorney shall attach to the
motion, a consent order containing the signature of the client and the
employer's representative. If the parties do not agree to the payment in lump
sum, the attorney shall request, in the motion, a hearing.
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