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, No. 3, March 22, 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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