July 9, 2007
South Carolina Workers Compensation Reform Legislation Produces Important Changes in SIF Reimbursements
Effective July 1, 2007, South Carolina has made important changes to the Second Injury Fund reform legislation, which includes the termination of the Second Injury Fund on July 1, 2013. The latest workers’ compensation reform legislation in South Carolina creates the following revisions to the Second Injury Fund:
• Limits recovery to greater disabilities created by aggravation of the prior injury and eliminates merger from combined effects.
• Eliminates arthritis and "catch-all" claims from the presumptive list for dates of injury on or after July 1, 2007.
• Closes the Fund to claims with dates of injury after June 30, 2008.
• SIF must receive notice of all claims by December 31, 2010.
• SIF must receive all documentation for consideration of reimbursement by June 30, 2011.
• The fund must make a final determination on all claims by December 31 2011.
• SIF terminates on July 1, 2013
The changes create fewer opportunities for SIF reimbursement on claims with dates of injury after July 1, 2007. Although the changes do not create any expedited filing issues for a few years, you should review all claims with dates of injuries prior to July 1, 2007 to ensure that notice is filed by the December 31, 2010 deadline.