S.C. Code Regs. § § 67-1602

Current through Register Vol. 48, No. 9, September 27, 2024

Section 67-1602 - Payment of Compensation

A. Unless otherwise ordered by the Commission, the employer's representative shall pay all compensation directly to (1) the claimant or (2) the guardian, if the claimant is a minor or incapacitated person, or (3) another person approved by a court or the Commission to accept payment on behalf of the claimant.

B. To pay an award or settlement the employer's representative shall make a check payable to the claimant and the claimant's attorney, as allowed pursuant to an approved Form 61, Attorney Fee Petition, or by order of the Commission.

C. Periodic payments of temporary disability and reimbursements for expenses under Reg. 67-1601 shall be made by electronic payment systems, subject to the following conditions:

(1) The employer, employer's representative, or other payer must provide the claimant written or electronic notice of the method of electronic payment available and how to access it on or before the date compensation becomes due;

(2) If the claimant does not respond within seven (7) days of the date such notice is given the employer, employer's representative, or other payer may provisionally issue payment in the form of a check. The check must be accompanied by written instructions for the claimant to commence payment electronically. If the claimant subsequently requests electronic payment, the employer, employer's representative, or other payer must commence payment electronically; and

(3) A claimant may at any time elect in writing or electronically to receive such payments by check and the employer, employer's representative, or other payer shall honor such request.

D. An employer, employer's representative, or other payer may petition the Commission for an order allowing the payer to make periodic payments of temporary disability and reimbursements of expenses under Reg. 67-1601 using a check. The Commission shall only grant such petitions for a time period not to exceed two years from the effective date of this regulation, and only upon a showing of hardship by the payer. Such petitions shall be decided by written order of the Commission, with right to review and appeal as in other cases. Any employer, employer's representative, or payer granted the privilege of making payment by check pursuant to this subsection shall provide the claimant with written notice that payment will be made by check on or before the date compensation becomes due. The employer, employer's representative, or payer shall notify the claimant as soon as electronic payment is available.

E. An employer, employer's representative, or other payer using an electronic payment system, including, but not limited to, an electronic funds transfer, a direct deposit, debit card, or similar payment system, must meet the following conditions:

(1) the claimant can immediately obtain the full amount of the periodic payment;

(2) the method of payment is easily and readily accessible to the claimant; and

(3) the claimant retains the right to opt for payment by check consistent with paragraph (C) by giving 30 days written or electronic notice to the payer.

F. When payment is made to a debit card account:

(1) the payer shall not charge the claimant any fee related to the issuance of the debit card;

(2) the claimant must be provided a reasonable method to obtain payment in full without incurring any usage fee; and

(3) any other fees associated with the use of the debit card shall be disclosed to the claimant in writing by the payer.

G. When making payment using a check in accordance with paragraphs (C)(2) or (D), above, payment is deemed complete on the date the employer, employer's representative, or other payer delivers the check into the possession of the U.S. Postal Service or common carrier with postage or other charges paid. The employer, employer's representative, or other payer shall keep record of the date each check is delivered into the possession of the U.S. Postal Service or common carrier and shall provide such records to the claimant or the Commission immediately upon request. If there are any tracking numbers or similar information associated with the shipment of the check by U.S. Mail or common carrier, such information shall be provided to claimant or the Commission immediately upon request.

H. Payment made other than as directed in this section shall not acquit, protect, or discharge the employer, employer's representative, or other payer for the payment due.

I. The claimant may request a hearing to assess a penalty and/or interest as authorized by statute for late payment or suspension or termination of benefits by filing with the Commission's Judicial Department a WCC Form 50 Employee's Request for Hearing.

S.C. Code Regs. § 67-1602

Amended by State Register Volume 21, Issue No. 4, eff April 25, 1997; State Register Volume 42, Issue No. 02, eff. 2/23/2018; State Register Volume 48, Issue No. 06, eff. 6/28/2024.