S.C. Code Regs. 67-801 - Settlement of the Claim, General
A. After the claimant reaches maximum medical
improvement the parties may agree to settle the claim by signing a Form 16 or
Form 16A, Agreement for Permanent Disability/Disfigurement Compensation, or by
signing an Agreement and Final Release (clincher).
B. If each party is represented by an
attorney, an appearance before a Commissioner is not required for approval of a
settlement unless either party requests an informal conference, or the
Commissioner schedules a hearing.
C. If the claimant is not represented by an
attorney, the parties must appear before the Commissioner assigned to the claim
at an informal conference for approval of the settlement. At the informal
conference, the Commissioner will review the proposed settlement and may
approve it if the Commissioner finds the settlement fairly made and in
accordance with the provisions of the Act.
D. A Form 16 or Form 16A retains the
claimant's right to request a hearing according to R.67-207
for additional benefits not later than one year from the date of the last
compensation payment. By signing the Form 16 or Form 16A, the employer's
representative does not agree it will make any additional payments in the
future unless the form specifically provides otherwise.
E. An Agreement and Final Release (clincher)
relieves the employer and its representative from any further responsibility
for payment of compensation or medical expenses, unless the Agreement and Final
Release specifically provides otherwise. When the claimant signs the Agreement
and Final Release and it is approved, the claimant does not have the right to
ask for additional payments in the future even if the claimant's medical
condition worsens, unless otherwise specifically provided in the
document.
F. An official copy of
the settlement is approved and certified by the Commission as
binding.
Notes
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