Diamond Post
Workers' Compensation Newsletter
The Second Injury Fund Is Winding Down
As we have been hearing for months, the end is near . . . not for us, but for the Second Injury Fund ("SIF" or "Fund"). The Fund officially terminates on July 1, 2013, a mere three years from now. In the meantime, you must move quickly to ensure that all possible claims have been submitted.
Any accident occurring after June 30, 2008, is not eligible for SIF recovery. However, you may submit claims in which the date of accident falls before this date. Another important date to keep in mind is December 31, 2010 - the date by which the Fund must have received notice of a possible claim. If the Fund does not receive notice of a claim by this date, the case is not eligible for SIF recovery. December 31, 2010, is fast approaching, so do not delay in notifying the Fund of a potential claim!
Once the Fund is on notice, all documentation necessary to get a SIF claim accepted must be submitted to the Fund by June 30, 2011. This means that you must submit medical certificates, medical records, and knowledge statements by this date. In turn, the SIF must let you know whether it is accepting or denying your claim by December 31, 2011. You will be able to litigate cases denied by the Fund past this date by filing a Form 54.
GWB will be happy to help you submit any claims to the Fund by these deadlines. Our attorneys have become well-versed in the ins and outs of SIF recovery, and will be glad to walk you through this process.
South Carolina Supreme Court Grants Rehearing in James v. Anne's Inc
The South Carolina Supreme Court recently granted a rehearing in James v. Anne's Inc., 386 S.C. 326, 688 S.E.2d 562 (S.C. Jan 25, 2010). This means that this recent decision that prevents a commissioner from ordering proration language without the consent of both parties may be overturned. As many employers and carriers have found already, the James v. Anne's decision provides a bargaining tool for claimants who want to maximize their social security benefits with proration language. Unfortunately, the outcome of the rehearing before the South Carolina Supreme Court is uncertain. The GWB Workers' Compensation Newsletter will provide an update as soon as the rehearing decision is released.
New Regulation on Communication with Health Care Providers
The South Carolina Workers' Compensation Commission added Regulation 67-1308 to govern the communication between parties and health care providers. This regulation went into effect on February 26, 2010. It permits health care providers who provide examination or treatment for any injury, disease or condition for which compensation is sought, to communicate an employee's medical history, diagnosis, causation, course of treatment, prognosis, work restrictions and impairments with the insurance carrier, employer, their attorneys, certified rehabilitation professionals or the Commission without the employee's consent. However, the claimant must be notified at least ten days prior to the communication and provided with a copy of any written questions at the same time the questions are submitted to the health care provider. Additionally, the claimant must be provided with a copy of health care provider's response. Finally, if a meeting with the health care provider is requested, the claimant and claimant's attorney are allowed to attend.
New Team Member:
TJ Hadley, a Georgia transplant, is the newest member of the Workplace Practices group. She graduated from the University of Southern California in 2006 and recently graduated from the Emory University School of Law. While in law school, she was a member of the Black Law Students Association and the Alternative Dispute Resolution Society. TJ currently is investigating many of our Second Injury Fund cases and has proven to be a master at keeping this project organized and moving forward. She has also begun building her Workers' Compensation caseload.
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