(A) The employee shall establish by a preponderance of the evidence, including medical evidence, that:
(1) the subsequent injury aggravated the preexisting condition or permanent physical impairment; or
(2) the preexisting condition or the permanent physical impairment aggravates the subsequent injury.
(B) The commission may award compensation benefits to an employee who has a permanent physical impairment or preexisting condition and who incurs a subsequent disability from an injury arising out of and in the course of his employment for the resulting disability of the permanent physical impairment or preexisting condition and the subsequent injury. However, if the subsequent injury is limited to a single body part or member scheduled in Section 42-9-30, except for total disability to the back as provided in Section 42-9-30(21), the subsequent injury must impair or affect another body part or system in order to obtain benefits in addition to those provided for in Section 42-9-30.
(C) As used in this section, "medical evidence" means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider.
(D) The provisions of this section apply whether or not the employer knows of the preexisting permanent disability.
(E) On and after the effective date of this section, an employee who suffers a subsequent injury which affects a single body part or member injury set forth in Section 42-9-30 is limited to the recovery set forth in that section.
HISTORY: 2007 Act No. 111, Pt I, Section 19, 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.