Legal Updates

Jun. 28 2017

SC Workers’ Compensation Update

Commission Adopts Policies Regarding Payment of Compensation

On May 9th, 2017, Governor Henry McMaster signed House Bill H.3441 which amends Title 42 by adding § 42-9-450. This new statute allows payment of compensation to be made by check or electronic payment systems, but requires the payments to be made “in accordance with the policies, procedures, or regulations as provided by the commission”. S.C. Code Ann. § 42-9-450. (more…)

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Jan. 16 2017

South Carolina Litigation Update

CGL Coverage Decision in Construction Defects Case

Harleysville Group Insurance v. Heritage Communities

SC Supreme Court Issues Ruling on Coverage Decision in Construction Defects Case (more…)

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Nov. 10 2016

SC Supreme Court Adopts “Divided Premises Rule”

In Davaut v. USC, the Supreme Court of South Carolina adopted the “divided premises” rule and held that “when an employee crosses from one portion of her employer’s property to another over a reasonably necessary and direct route, the employee remains in the course of her employment for purposes of workers’ compensation” Op. No. 27673 (Shearouse Adv. Sh. No. 41 at 13-14) (Sup. Ct. filed Oct. 26, 2016). The claimant—a language professor at USC-Lancaster—was walking from the school’s library where she had been working to a parking lot provided by USC for faculty and students. To get to the parking lot, she had to cross a public street that bisected the campus. As she was crossing the street, she was struck by a vehicle and she thereafter sought workers’ compensation benefits from USC.


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