South Carolina Code of Regulations
Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION
Article 16 - AVERAGE WEEKLY WAGE, COMPENSATION RATE, AND PAYMENT
Section 67-1606 - Lump Sum Payment in a Claim Involving a Fatality

Universal Citation: SC Code Regs 67-1606

Current through Register Vol. 48, No. 9, September 27, 2024

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 multiplied by compensation rate to obtain the commuted value.

(2) Adding the commuted value to the accrued value results in the total amount to be paid. This amount is divided proportionally among the dependents as ordered.

(3) Burial expenses are payable in addition to the five hundred weeks and are not commuted.

B. When the Commissioner orders or approves a lump sum payment to partial dependent(s), the number of accrued weeks of compensation is determined and multiplied by the proportion of the compensation rate awarded to the partial dependent resulting in the accrued weeks the partial dependent receives.

(1) Subtract the total accrued weeks from the number of weeks awarded.

(2) The present worth of the weeks remaining is calculated and multiplied by the proportion of the compensation rate payable to that partial dependent. The partial dependent is paid its proportional commuted amount plus the accrued amount allotted.

(3) The present worth of the total award is multiplied by the remaining portion of the compensation rate to obtain the commuted value of the remainder of the award. From the commuted value, the entire funeral expenses are deducted. The employer's representative pays the remaining amount as ordered.

C. When the Commissioner orders payment to nondependent children, multiply the present worth of the award by the compensation rate to obtain the commuted value of the award.

(1) Subtract the entire amount of the funeral bill from the commuted amount.

(2) The employer's representative pays the amount remaining as ordered.

D. When the Commissioner orders payment to the mother and, or, father, multiply the present worth of the award by the compensation rate to obtain the commuted value of the award. Subtract the entire amount of the funeral bill from the commuted amount. The employer's representative pays the amount remaining to the mother and father, divided equally.

E. When the Commissioner finds the deceased had no dependents, nondependent children, or mother or father, and orders payment to the Second Injury Fund, the burial expenses and the costs of administration of the deceased's estate are deducted from the total amount of the award. The remaining amount is commuted by dividing the amount of money remaining by the compensation rate to obtain the number of weeks remaining. The present worth of the weeks remaining is determined and multiplied by the compensation rate to obtain the commuted value. The employer's representative pays this amount to the Second Injury Fund, as ordered.

F. Refer to Section 42-9-320 for the payment of benefits to a minor child. Refer to the Probate Code of this State for payment in excess of ten thousand dollars. A conservator must be appointed for receipt of benefits.

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