S.C. Code Regs. § § 67-1002

Current through Register Vol. 48, No. 11, November 22, 2024

Section 67-1002 - Occupational Disease, Waiver of Claim

A. A person affected by occupational disease who desires to continue in the same employment or to obtain new employment to which such disease is a hazard, may waive his or her right to further benefits for any incapacity or disability caused by an aggravation of the occupational disease in the same or new employment according to the following sections.

B. File a Form 65, Waiver of Claim Involving an Occupational Disease, and physician's statement with the Commission's Judicial Department at least ten days after signing the Form.

(1) The physician's statement must state the physician has examined the applicant, the nature, extent, and probable duration of the disease and an opinion as to whether or not the employee runs the risk of becoming partially or totally incapacitated due to the employment involved.

(2) The Judicial Department will notify the applicant, the employer, and the employer's representative of approval or disapproval of the form.

(3) The Commission's determination shall be deemed effective the date of filing the Form 65 with the Judicial Department.

C. The Commission may reject a Form 65 and recommend against the employment of an employee if the Commission concludes that to permit the employee to work in the employment will expose him or her to a hazard which may imminently render him disabled from an occupational disease.

D. An informal conference will be held with the applicant before the Commission rejects a Form 65.

S.C. Code Regs. § 67-1002