S.C. Code Regs. 67-603 - Employer's Answer to a Request for Hearing, Time for Filing and Service
A. The employer's
representative shall respond to a Form 50 by preparing a Form 51 and respond to
a Form 52 by preparing a Form 53.
B. The employer's attorney shall fully state
its position and defenses, if any, replying to each specification in the Form
50 or Form 52 and:
(1) File the Form 51 or
Form 53 and a proof of service with the Commission's Judicial Department within
thirty days of service of the Form 50 or Form 52; and
(2) Serve the claimant a copy of the Form 51
or Form 53 according to R.67-211.
C. Failure to file a Form 51 or Form 53
within the period in section B(1) shall be deemed a general denial of liability
for the benefits claimed and the employer and its representative by the failure
to respond within the period in section B(1) shall forfeit each special and
affirmative defense allowed by the Act including the defenses available in
Sections
42-9-60,
42-15-20,
42-15-40,
and
42-17-90
of the Act.
D. When under the laws
of this State an employer and its insurance carrier, if any, are required to be
represented by an attorney in a contested case hearing, its attorney must file
a letter of representation with the Judicial Department and provide a copy to
the opposing party no later than sixty days from the date of service of the
Form 50 or Form 52.
E. A Form 51
must describe with as much specificity as possible the defenses to be relied
upon by the defendants. A Form 51 shall not state "all defenses apply" or other
similar language unless such is actually the case. A Form 51 not complying with
this regulation shall not be considered at a hearing.
Notes
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