South Carolina Code of Regulations
Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION
Article 2 - GENERAL
Section 67-215 - Motions
Current through Register Vol. 48, No. 3, March 22, 2024
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
B. The Commission will not address a motion involving the merits of the claim, including, but not limited to, a motion for
The single Commissioner or Full Commission may entertain motions to reconsider an order, opinion, or award if the purpose of the motion is not an attempt to reargue the merits of the dispute. Any motion for reconsideration must be made within five (5) days of the date that the order, opinion, or award is served, and shall not be made if any party already has filed an appeal of the order, opinion, or award. If a motion for reconsideration is properly filed consistent with the provisions of this subsection, the order, opinion, or award under reconsideration is not considered final until the motion for reconsideration has been disposed of by the single Commissioner or Full Commission.
C. The Commission does not provide a form for a motion. A motion shall contain a complete caption of the case including the title of the action, the state and county in which the injury occurred, the Commission's name, the workers' compensation file number, and a designation of the relief or order sought.
D. The body of the motion shall contain numbered paragraphs each limited to a statement of a single set of circumstances. The final paragraph of the motion shall state specifically the relief or order sought.
E. When the claimant or an uninsured employer is not represented by an attorney, the moving party shall serve the motion by personal service or by certified mail, return receipt requested, delivery restricted to the addressee.
F. The moving party shall file the motion and proof of service with the Judicial Department, and may attach a memorandum in support of the motion. The opposing party may file a memorandum in reply within ten days of service of the motion. The parties may agree to an extension by filing a written consent. Failure to respond is deemed a general denial. No further memoranda are allowed, unless requested by a Commissioner or the Commission.
G. The jurisdictional commissioner or Full Commission, if an appeal is pending, may consider the motion after the opposing party has had ten days' notice of the motion, and shall grant or deny the relief requested.
H. All motions filed by a party represented by an attorney shall contain an affirmation that prior to filing the motion, the movant's counsel communicated, verbally or in writing, with opposing counsel and attempted in good faith to resolve the matter contained in the motion, unless the movant's counsel certifies that consultation (1) would serve no useful purpose or (2) could not be timely held.