REGULATORY ACTIVITY:

• On November 27th, 2017 the Circuit Court of the Second Judicial Circuit, in and for Leon County, State of Florida, entered the attached Order of Liquidation, Injunction, and Notice of Automatic Stay, Case No.: 2017 CA 2421, finding sufficient grounds for an order to liquidate Guarantee Insurance Company.  This Order is sufficient to determine Guarantee Insurance Company is an “insolvent insurer” within the meaning of S.C. Code § 38-31-20(7) (1976).
  The South Carolina Property and Casualty Insurance Guaranty Association Act provides that All proceedings involving covered claims in which the insolvent insurer is a party or is obligated to defend a party in any court in this State must be stayed ninety days from the date insolvency is determined to permit proper defense by the association. S.C. Code Ann. § 38-31-160 (1976).
• Posted the 2018 Maximum Weekly Compensation Rate.  At the Business Meeting on December 11, 2017, the Commission approved the maximum weekly compensation rate at $838.21 for injuries arising on and after January 1, 2018. The South Carolina Department of Employment and Workforce certified the average weekly wage July 1, 2016 through June 30, 2017.
• Regulation 67-1601 A (1) provides the expenses incurred for travel to receive medical attention which shall be reimbursed to the claimant are mileage to and from a place of medical attention which is more than five miles away from home in accordance with the amount allowed state employees for mileage.  The state employee mileage rate is based upon the standard business mileage rate established by the Internal Revenue Service. Effective January 1, 2018 the reimbursement rate for state employee mileage is 54.5 cents per mile. This represents a one cent per mile increase from the 2017 rate of 53.5 cents per mile. Therefore, effective January 1, 2018, the new mileage reimbursement rate to and from a place of medical attention is 54.5 cents per mile.

REGULATORY ACTIVITY:

• Issued and advisory notice regarding in person commissioner hearings and informal conferences. To view the advisory, go to https://wcc.sc.gov/news/2020-05/advisory-notice-person-commissioner-hearings-and-informal-conferences

REGULATORY ACTIVITY:

• Issued an advisory notice regarding assessments of fines and penalties. To view the advisory, go to https://wcc.sc.gov/news/2020-04/advisory-notice-assessment-fines-and-penalties.  A copy of the advisory notice is attached.
• Issued an advisory notice regarding Commissioners' Hearings.  To view the advisory, go to https://wcc.sc.gov/news/2020-04/advisory-notice-commissioners-hearings.

FEE SCHEDULE NEWS:

• The South Carolina Commission has approved and adopted changes to the Medical Services Provider Manual with an effective date of April 1, 2020.  The next expected update to the fee schedule is in April 2021.

REGULATORY ACTIVITY:

• COVID-19 UPDATE: In response to the rapidly evolving national health emergency, the SCC is directing all business with the Commission to be handled through electronic filing systems, email, or by telephone.
• The COVID-19 epidemic has reduced on-site staffing. For public health concerns, in-person visits to SCC offices are temporarily suspended unless by advance appointment or for scheduled hearings. If you must make filings or other deliveries, drop-offs are permitted. The processing of such may be delayed.
• In response to Governor McMaster’s Executive Order 2020-11 issued on March 19, 2020, the SC Workers’ Compensation Commission’s office located at 1333 Main Street Columbia, SC 29202 will be closed to the public until further notice. The Commission will be operating with minimal staff on-site with the remaining staff working from home. The public’s safety remains our top priority and appropriate safety protocols will be followed to minimize the spread of the COVID- 19.  Effective immediately all live hearings are suspended until May 1, 2020, except for emergency situations, which will be determined on a case by case basis. The Commission lost the use of a number of sites for hearings and many of the available sites are not compliant with CDC guidelines. Commissioners’  dockets will be managed in the best manner possible using Court Call, telephone, and other electronic methods.  The format of the hearing will be decided by the jurisdictional Commissioner on a case-by-case and any hearings requested to be held via Court Call, the moving party will be responsible for the cost of Court Call’s service.  Hearings on motions and other pleadings may be conducted by telephone. Parties wanting to reschedule or postpone a hearing must contact the jurisdictional Commissioner’s office. The Commission will readdress this policy on May 1, 2020. Until further notice, all pleadings, motions, settlements and other claim related documents that cannot be submitted electronically must be submitted to the Commission by the US Postal Service.  Responses to pleadings must be emailed to  judicialanalysts@wcc.sc.gov.  Form  70 Mediator Report must be emailed to mediation@wcc.sc.gov. Consent Orders resolving a hearing should be emailed to the Commissioner’s Administrative Assistant.  Personal delivery of documents will be accepted only in extreme circumstances.  Hearings on motions and other pleadings may be conducted by telephone. Parties wanting to reschedule a hearing must contact the jurisdictional Commissioner’s office. Please continue to monitor our website www.wcc.sc.gov for updates and direct any questions or comments to Gary M. Cannon  Executive Director GCannon@wcc.sc.gov.
• Issued an advisory notice dated March 26, 2020, regarding the new cause of injury and nature of injury codes for COVID-19 pandemic.

REGULATORY ACTIVITY:

• Published a copy of the agenda of the commission's business meeting held February 10, 2020.   A copy of the agenda including a copy of the materials that were considered at the meeting can be viewed at https://wcc.sc.gov/news/2020-02/full-commission-business-meeting-agenda-february-10-2020.
• The SC Workers’ Compensation Commission is temporarily suspending work on the IT Legacy System Modernization Project (KERMIT) due to unforeseen circumstances. For carriers, trading partners and vendors, implementation of EDI 3.1 originally scheduled for March 15 will be postponed until further notice. For attorneys, all claims related transactions will continue to be submitted according to the current business practices using eCase, emailing documents and the US Postal Service.  KERMIT will be deactivated for user and organization registration, EDI 3.1 testing and claims view. 
• Workers' Compensation Loss Cost Adoption Filings (Reminder): The National Council on Compensation Insurance (NCCI) is the workers’ compensation insurance rating organization in South Carolina.  As such, they file prospective loss costs with the South Carolina Department of Insurance (Department) for approval.  Once approved by the Department, insurers writing workers’ compensation insurance must adopt these loss costs. The Department approved NCCI’s most recent loss cost filing on January 9, 2020 with an effective date of April 1, 2020.  Workers’ compensation insurers are required to make a filing to adopt the new loss costs on or before March 9, 2020 (60 days after the approval date of those loss costs).  The effective date of this adoption must be no later than July 30, 2020 (120 days after the effective date of the approved loss costs).  Any such filing is considered to be informational.

REGULATORY ACTIVITY:

• At the Business Meeting on December 16, 2019, the Commission approved the maximum weekly compensation rate at $866.67 for injuries arising on and after January 1, 2020. The South Carolina Department of Employment and Workforce certified the average weekly wage July 1, 2018 through June 30, 2019.   As provided in Title 42 of the SC Code of Laws, 1976 the maximum weekly compensation rate equals 66⅔% of an individual’s average weekly wage, not to exceed the average weekly wage in this State for the preceding fiscal year as determined by the South Carolina Department of Employment and Workforce.
• Published a summary of the December 16, 2019 business meeting.  To view the summary, go to https://wcc.sc.gov/news.
• Published bulletin 2020-02 regarding Self-Funded Rates for the Workers' Compensation Assigned Risk Plan. To view the bulletin, go to https://doi.sc.gov/civicalerts.aspx?AID=231.
• At  the Business Meeting on January  13, 2020,  the  Commissioners  received  the preliminary analysis of the Medical Services Provider Manual in preparation of considering changes prior to the effective date of April 1, 2020. The Commission also received an analysis of the Anesthesia rates contained within the Medical Services Provider Manual. To view the memo go to https://wcc.sc.gov/news/2020-01/medical-services-provider-manual-notification.
• The National Council on Compensation Insurance (NCCI) is the workers’ compensation insurance rating organization in South Carolina.  As such, they file prospective loss costs with the South Carolina Department of Insurance (Department) for approval.  Once approved by the Department, insurers writing workers’ compensation insurance must adopt these loss costs. The Department approved NCCI’s most recent loss cost filing on January 9, 2020 with an effective date of April 1, 2020.  Workers’ compensation insurers are required to make a filing to adopt the new loss costs on or before March 9, 2020 (60 days after the approval date of those loss costs).  The effective date of this adoption must be no later than July 30, 2020 (120 days after the effective date of the approved loss costs).  Any such filing is considered to be informational.  Insurers may also submit a loss cost adoption as a part of a loss cost multiplier (LCM) filing.  Loss cost multipliers, when filed alone or in combination with a loss cost adoption, are subject to prior approval with a review time of 60 days.  To view this notice, go to https://doi.sc.gov/civicalerts.aspx?AID=232

REGULATORY ACTIVITY:

• Published the full agenda for the commission meeting on November 18, 2019.  To view the notice and agenda, go to https://wcc.sc.gov/news/2019-11/full-commission-business-meeting-agenda-november-18-2019.

REGULATORY ACTIVITY:

• Published the agenda and meeting material for the Commission business meeting held on October 21, 2019.  To view the notice, go to https://wcc.sc.gov/news.

REGULATORY ACTIVITY:

• Issued a report for FY 2019 regarding the fines and fees collected during the fiscal year.  To view the report, go to https://wcc.sc.gov/news/2019-09/2019-fines-and-fees-report-proviso-11773.
• South Carolina Workers’ Compensation Commission is pleased to announce the new portal, KERMIT (Key Element Reporting Management & Incident Tracking), to provide easier access and better service for Claimants, Carriers, Attorneys, Self-Insureds and Trading Partners. KERMIT allows all parties involved in workers’ compensation claims to submit claims, complete required reports and forms and pay any applicable fees and fines electronically. KERMIT will go live on October 28, 2019! The previous portal, eCase, will no longer be used, and ALL users will have to re-register for an account with KERMIT.  In addition, to KERMIT, South Carolina Workers’ Compensation will also be going live with the release of the IAIABC EDI Claims 3.1 XML format for data reporting on December 4, 2019. To view this notice, go to https://wcc.sc.gov/it-kermit-system-updates.

REGULATORY ACTIVITY:

• The Judicial Department issued a memorandum to clarify filing of Third Party Settlements.  To view the memorandum, go to https://wcc.sc.gov/news/2019-06/third-party-settlements.