South Carolina Code of Regulations
Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION
Article 8 - SETTLEMENTS, PROCEDURES
Section 67-802 - Settlement, Form 16, Form 16A
Universal Citation: SC Code Regs 67-802
Current through Register Vol. 48, 12, December 27, 2024
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 the number of weeks of compensation the claimant will receive. The form may be approved as follows:
(1) If the claimant is not represented by an
attorney, the Form 16 or Form 16A must be approved at an informal conference.
(a) The employer's representative must
request an informal conference by writing the Judicial Department requesting
that an informal conference be scheduled, and filing an updated Form 18 or the
EDI equivalent Sub Annual (SA) Periodic Report showing the status of payment of
temporary compensation, if any, and medical expenses with the Commission's
Judicial Department. For claims arising after July 1, 2007, a Form 14B is also
required. The Commission shall accept medical records containing the
substantial equivalent of the information contained in the Form 14B only when
the party certifies and documents that it has made a good faith effort to
obtain a completed Form 14B, and the hospital or physician has unreasonably
refused to complete a Form 14B. The claimant may request an informal conference
by writing to the Judicial Department.
(b) If the parties at the informal conference
reach an agreement which the Commissioner approves, or the claims mediator
recommends, the parties shall sign the agreement. (A Commissioner must approve
a claims mediator's recommendation before the settlement is recorded as
binding.)
(c) If the parties do not
reach an agreement of which the Commissioner approves, the Commission shall set
the matter for hearing pursuant to R.67-804I.
(2) If the claimant is represented by an
attorney, the claimant, his or her attorney, and the employer's representative
shall sign the Form 16 or Form 16A. The Form 16 or Form 16A shall then be filed
with the Commission for approval without an appearance before a Commissioner,
as follows:
(a) The employer's representative
shall file an original and one copy of the Form 16 or Form 16A with the
Commission's Claims Department. The employer's representative shall file the
Form 14B, if applicable, with the Form 16A for claims arising after July 1,
2007.
(b) A Commissioner shall
review the Form 16 or Form 16A and may approve the Form.
(c) If the Commissioner approves and signs
the Form 16 or 16A, the Claims Department shall record the settlement and
return an approved copy of the Form to the employer's representative.
(d) The employer's representative must
provide the claimant a copy of the approved Form 16 or Form
16A.
(3) If the claimant
is represented by an attorney, and the employer is represented by an attorney,
a Form 16 or a Form 16A shall be filed with the Commission.
(a) The attorney for the employer's
representative shall file an original and one copy of the Form 16 with the
Commission's Claims Department. A Commissioner shall review the Form and may
approve the Form.
(b) The attorney
for the employer's representative shall file an original and one copy of the
Form 16A with the Commission's Claims Department.
(c) The Commission's Claims Department shall
review and record the settlement, and return an official copy of the Form 16 or
16A to the attorney for the employer's
representative.
B. The Commissioner may schedule an informal conference to discuss the terms of the settlement when necessary.
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