(A) Injured or affected body parts and conditions shall be set forth with as much specificity as possible on the commission's Employee's Notice of Claim and/or Request for Hearing form, hereinafter referred to as Form 50. A Form 50 shall not describe the injured body part(s) or condition(s) as "whole person", "whole body", "all body parts", or other similar language unless the injured employee died as a result of the accident. No hearing shall be held on a Form 50 which does not conform to the requirements of this subsection.
(B) Nothing in this section prohibits a commissioner from determining the compensability of a body part or condition not listed or described on a Form 50 if:
(1) the body part or condition is proved by a preponderance of the evidence to have arisen from the injury or injuries out of and in the course of employment as set forth on the Form 50;
(2) it is proven to the satisfaction of the commissioner that the employee had no knowledge of the injury or condition on the date of the completion of the Form 50. However, the employee is required to amend the Form 50 upon discovery of the injury or condition within a reasonable time period pursuant to regulation; or
(3) in the case of a represented employee, the body part or condition is set forth on the commission's Prehearing Brief form, and such prehearing brief is timely filed with the commission and timely served upon the parties.
(C) A Form 50 must be signed by an attorney if the employee is represented, verifying that the contents of the form are accurate and true to the best of the attorney's knowledge. If the employee is not represented, the employee who signs a Form 50 must verify that the contents of the form are accurate and true to the best of the employee's knowledge.
HISTORY: 2007 Act No. 111, Pt I, Section 9, eff July 1, 2007, applicable to injuries that occur on or after that date.
Structure South Carolina Code of Laws
Title 42 - Workers' Compensation
Chapter 1 - General Provisions
Section 42-1-20. Application of definitions.
Section 42-1-30. "Adoption" and "adopted" defined.
Section 42-1-40. "Average weekly wages" defined.
Section 42-1-50. "Average weekly wage in this State for the preceding fiscal year" defined.
Section 42-1-60. "Carrier" and "insurer" defined.
Section 42-1-70. "Child", "grandchild", "brother" and "sister" defined.
Section 42-1-80. "Commission" defined.
Section 42-1-90. "Commission" defined; reference to administrative or judicial department.
Section 42-1-100. "Compensation" defined.
Section 42-1-110. "Death" defined.
Section 42-1-120. "Disability" defined.
Section 42-1-130. "Employee" defined.
Section 42-1-140. "Employer" defined.
Section 42-1-150. "Employment" defined.
Section 42-1-160. "Injury" and "personal injury" defined.
Section 42-1-170. "Parent" defined.
Section 42-1-172. Definitions.
Section 42-1-175. "Surviving spouse" defined.
Section 42-1-310. Presumption of acceptance of provisions of title.
Section 42-1-315. Applicability of title respecting work-related injuries to program participants.
Section 42-1-320. Applicability to public entities and their employees.
Section 42-1-360. Exemption of casual employees and certain other employments.
Section 42-1-380. Waiver of exemption by employer.
Section 42-1-390. Withdrawal of waiver of exemption by employer.
Section 42-1-400. Liability of owner to workmen of subcontractor.
Section 42-1-410. Liability of contractor to workmen of subcontractor.
Section 42-1-415. Representation of coverage; reimbursement from Uninsured Employers' Fund.
Section 42-1-420. Liability of subcontractor to workmen of sub-subcontractor.
Section 42-1-430. Construction of title when proceedings are against owner or contractor.
Section 42-1-440. Indemnity of principal contractor.
Section 42-1-450. Workman may recover from subcontractor.
Section 42-1-460. Contracts subject to title.
Section 42-1-470. Coverage of prisoners and convicts generally.
Section 42-1-480. Coverage for inmates of the State Department of Corrections.
Section 42-1-490. Payments to claimant-inmates of State Department of Corrections.
Section 42-1-500. County or municipal prisoners.
Section 42-1-540. Employee's rights and remedies under title exclude all others against employer.
Section 42-1-550. Rights against third persons prior to award.
Section 42-1-570. Amount of compensation not admissible in suits against third parties.
Section 42-1-580. Effect of rights of third party against employer on employee's recovery.
Section 42-1-590. Compensability of injuries to illegally employed minor.
Section 42-1-600. Suits by public employees.
Section 42-1-610. Agreement or regulation does not limit liability of employer.
Section 42-1-620. Agreements of employee to waive rights invalid.
Section 42-1-630. Situation in which provisions of title are not admissible in trial.
Section 42-1-640. Performance of statutory duty not excused.
Section 42-1-650. Limitation of actions after claim erroneously made.
Section 42-1-660. Immunity from liability on construction projects; exceptions.