COLUMBIA - It's time to ditch some facets of the state workers' compensation
system and overhaul others, according to a report released Monday by a panel
Gov. Mark Sanford appointed to address soaring workers' comp rates.
Changing the system is the key to making the state a better place to grow
businesses and create jobs, the Republican governor said.
In June, the National Council on Compensation Insurance said a key part of
workers' compensation rates would rise by nearly 33 percent.
A few weeks later, the South Carolina Second Injury fund said workers' comp
insurers and self-insured employers would see assessment rise by 38 percent.
Sanford said the rising trend in workers' comp costs "is simply not
sustainable for South Carolina's businesses, and especially our small
businesses."
Sanford spokesman Joel Sawyer said the governor will review the report.
Report recommendations include:
--Increasing fraud penalties for employers who lie about what type of work
their employees do and benefit through lower workers' comp premiums. Employers
that save $10,000 through fraud could be sent to prison for three years and
fined $10,000.
--Eliminating the Second Injury Fund, set up to help workers with previous
workplace injuries return to payrolls.
--Developing guidelines to limit how much employers would have to pay for
injuries tied to previous injuries.
--Barring reimbursements for using doctors who are not approved by employers
to treat workers' comp injuries.
--Limiting awards for mental stress disabilities by requiring people to prove
that more than half of that disability came from a workplace injury.
--Using American Medical Association guidelines to determine how much
disability a person has.
--Limiting claims for repetitive trauma. The panel said injuries would have
to be tied to a specific event that occurs during a single day's work and can't
be tied to aging or other "normal activities of day-to-day living."
--Changing the way the South Carolina Workers' Compensation operates,
including who serves on the board and how claim appeals are handled.