If an employee has a permanent disability or has sustained a permanent injury that resulted from serving in the United States Armed Forces or in another employment other than that in which he receives a subsequent permanent injury by accident, such as specified in Section 42-9-30 or the second paragraph of Section 42-9-10, he shall be entitled to compensation only for the degree of disability which would have resulted from the later accident if the earlier disability or injury had not existed, except that such employee may receive further benefits if his subsequent injury qualifies for additional benefits under Section 42-9-35.
HISTORY: 1962 Code Section 72-166; 1952 Code Section 72-166; 1942 Code Section 7035-36; 1936 (39) 1231; 1974 (58) 2235; 2007 Act No. 111, Pt I, Section 21, 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 9 - Compensation And Payment
Section 42-9-5. Basis for award.
Section 42-9-10. Amount of compensation for total disability; what constitutes total disability.
Section 42-9-20. Amount of compensation for partial disability.
Section 42-9-30. Schedule of period of disability and compensation.
Section 42-9-35. Evidence of preexisting injury or condition.
Section 42-9-40. Compensation for hernia.
Section 42-9-90. Increase in compensation which is not paid when due.
Section 42-9-110. Persons conclusively presumed to be wholly dependent.
Section 42-9-120. Determination and requirements of other cases of dependency.
Section 42-9-130. Division of death benefit when there is more than one dependent.
Section 42-9-140. Payment when deceased employee leaves no dependents or partial dependents.
Section 42-9-190. No compensation to injured employee refusing suitable employment.
Section 42-9-200. Dates on which compensation commences.
Section 42-9-210. Deduction from compensation of payments made by employer when not due and payable.
Section 42-9-220. Manner in which compensation paid.
Section 42-9-230. Date on which compensation payable under agreement becomes due.
Section 42-9-240. Date on which compensation payable under award becomes due.
Section 42-9-250. Payment of compensation monthly or quarterly authorized.
Section 42-9-270. Notice of final payment; penalty for failure to give notice.
Section 42-9-280. Payment of unpaid balance of compensation when employee dies.
Section 42-9-290. Amount of compensation for death of employee due to accident.
Section 42-9-301. Lump-sum payments.
Section 42-9-310. Trustees may administer lump-sum settlements.
Section 42-9-330. Exercise of rights for incompetent or infant employees.
Section 42-9-340. Effect of payment in good faith to junior dependents.
Section 42-9-360. Assignments of compensation; exemptions from claims of creditors and taxes.
Section 42-9-370. Preferences or priorities of rights of compensation.
Section 42-9-390. Voluntary settlements.
Section 42-9-430. Workers' compensation benefits.
Section 42-9-450. Employer's representatives to pay by check or electronic payment systems.