S.C. Code Regs. § § 67-505

Current through Register Vol. 48, No. 10, October 25, 2024

Section 67-505 - Suspending Temporary Compensation after the First One Hundred Fifty Days after the Employer's Notice of the Injury

A. After the one hundred fifty day period, the employer's representative shall not suspend or terminate temporary compensation except as provided in this regulation or R.67-506.

B. Disability is presumed to continue until the claimant returns or agrees he or she is able to return to work for fifteen calendar days.

C. Temporary compensation may be suspended as follows:

(1) When the authorized health care provider reports the claimant is able to return to work without restriction to the same or other suitable job, and such job is provided by the employer, the employer's representative may suspend temporary compensation while the claimant is working unless temporary partial compensation is due.

(2) When the authorized health care provider reports the claimant is able to return to work at limited duty and the employer provides limited duty work consistent with the terms upon which the claimant has been released, the employer's representative may suspend temporary compensation while the claimant is working unless temporary partial compensation is due.

(3) When the claimant returns to work for another employer, the employer's representative may suspend temporary compensation while the claimant is working, unless temporary partial compensation is due.

D. When the claimant is unable to complete fifteen calendar days of work, the employer's representative shall reinstate temporary compensation according to the terms of the Form 15 and may request a hearing to terminate compensation by filing a Form 21 according to R.67-506.

E. When the claimant completes fifteen calendar days of work, or fifteen days after the claimant agrees he or she could have returned to work, the employer's representative immediately shall submit a completed Form 17 to the claimant for signature.

(1) The employer's representative shall file the Form 17 signed by the claimant and the employer's representative with the Claims Department within thirty-one days of the date the claimant returned to work or agreed he or she was able to return to work.

(2) Temporary compensation is terminated by the filing of the signed Form 17.

(3) A signed Form 17 does not prevent the claimant from seeking any other benefits available under the Act.

(4) When the claimant returns to work for at least fifteen calendar days but refuses to sign a Form 17, the employer's representative shall file a Form 21 according to R.67-506. The Commission may certify the Form 17 at an informal conference.

F. When the employer's representative suspends temporary compensation for refusal of medical treatment according to Section 42-15-60 or Section 42-15-80, the employer's representative shall file a Form 21 according to R.67-506.

G. If the employer's representative reinstates temporary compensation after the fifteen day period above, the employer's representative shall file a new Form 15 according to R.67-503.

H. If the employer's representative refuses to reinstate temporary compensation after the fifteen day period above, the claimant may request a hearing according to R.67-207.

S.C. Code Regs. § 67-505

Amended by State Register Volume 21, Issue No. 4, eff April 25, 1997.