S.C. Code Regs. § § 67-1207

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

Section 67-1207 - Collection of Attorney's Fee in a Lump Sum

A. If the claimant receives an award or settlement of more than one hundred weeks that is not to be paid in a lump sum, and there are not sufficient accrued weeks to satisfy the attorney's fee and costs, the attorney may request collection of the commuted value of his or her approved fee directly from the employer's representative

B. To request payment of the attorney's fee in a lump sum, file a motion for Lump Sum Payment of Attorney's Fee according to R.67-215 with the Commission's Judicial Department.

(1) Attach a completed Form 61 to the Motion. The Commission will commute the fee to present day value as provided below.

(a) The number of weeks to which the fee is equivalent is determined by dividing the approved fee by the claimant's compensation rate.

(b) The present day value of the weeks is determined according to the discount tables approved by the Commission.

(c) The present day value is multiplied by the compensation rate, resulting in the attorney's fee reduced to present day value.

(2) The amount of each payment the claimant receives shall not be altered or interrupted. The attorney's fee is deducted from the end of the award. The attorney may obtain a calculation of the commuted value of the attorney fee by writing the Commission's Claims Department.

(3) If the parties agree to pay the attorney in a lump sum, the attorney shall attach to the motion, a consent order containing the signature of the client and the employer's representative. If the parties do not agree to the payment in lump sum, the attorney shall request, in the motion, a hearing.

S.C. Code Regs. § 67-1207