Whenever any weekly payment has been continued for not less than six weeks, the liability therefor may, when the employee so requests and the commission deems it not to be contrary to the best interest of the employee or his dependents, or when it will prevent undue hardship on the employer or his insurance carrier, without prejudicing the interest of the employee or his dependents, be redeemed, in whole or in part, by the payment by the employer of a lump sum which shall be fixed by the commission, but in no case to be less than ninety percent of, nor to exceed, the commutable value of the future installments commuted so as not to exceed six percent nor to be less than two percent. The commission, however, in its discretion, may at any time in the case of a minor who has received permanently disabling injuries, either partial or total, provide that he be compensated, in whole or in part, by the payment of a lump sum, the amount of which shall be fixed by the commission but in no case to be less than ninety percent of, nor to exceed, the commutable value of the future installments which may be due under this title. Upon a finding by the commission that a lump sum payment should be made, the burden of proof as to the abuse of discretion in such finding shall be upon the employer or carrier in any appeal proceedings.
HISTORY: 1983 Act No. 92 Section 5.
Editor's Note
Prior Laws: Former Section 42-9-300 was titled Lump-sum payments, and had the following history: 1936 (39) 1231; 1937 (30) 613; 1942 Code Section 7035-47; 1952 Code Section 72-181; 1962 Code 72-181; repealed by 1983 Act No. 92, Section 6.
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.