May 2017 Blog

Section 42-9-290 of the South Carolina Workers’ Compensation Act sets forth benefits payable for an employee’s death due to a work-related accident.  For many years, this law provided that the maximum amount payable for burial expenses was $2,500.  The Legislature has recently amended the statute to increase this amount to $12,000.  This amendment is effective…

It has long been established and accepted by all parties to a workers’ compensation claim that credit would be awarded for “overpayment” of compensation paid after the date of MMI. This was largely nonnegotiable and the battleground issue was the actual date of MMI, with claimants’ lawyers arguing for later dates and defense attorneys for…