2008 WORKERS COMPENSATION BATTLE

Last fall, Governor Stanford signed three executive orders directing the SC Workers’ Compensation Commission (WCC) to do several things, including basing their decisions for payments on strict American Medical Association guidelines.
                                                                                                                                
He also directed the commission to produce facts, such as the amount of money paid to attorneys practicing before the commission.

Immediately, the WCC began finding ways to disregard his orders as well as a Freedom of Information request from the SC Civil Justice Coalition.

Late last year, a trail lawyer filed a restraining order with a federal judge, which temporarily stopped the WCC from complying with the Governor’s executive orders.

This tactic may prevent the business community’s goal of having fair and reasonable findings which would likely lower workers’ compensation insurance rates that employers must pay.

On another front, three of the Workers’ Compensation Commissioners’ terms expire in June. The Governor’s appointments must be approved by the SC Senate before new commissioners may be seated. The Governor is considering re-appointing one who was recently appointed to complete the term of a Commissioner who left and replacing the other two whose terms expire.

During the last 6 years, South Carolina’s workers’ compensation insurance rates have moved from the 6th lowest to the 44th lowest. In other words, South Carolina moved from good rates to some of the worst rates in the nation.  Replacing the two incumbents with good business minded commissioners is good for all.  Furthermore, the Governor is going to appoint another one of the seated Commissioners to replace the current WCC Chair. The current Chair has attempted to block every positive change the business community and the Governor have tried. This change is also good.