S.C. Code Regs. 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.
Notes
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