South Carolina § 42-9-170 - Permanent injury after sustaining another permanent injury in same employment; entitlement to compensation; extension of period of payment.

§ 42-9-170. Permanent injury after sustaining another permanent injury in same employment; entitlement to compensation; extension of period of payment.

(A) If an employee receives a permanent injury as specified in Section 42-9-30 or Section 42-9-10(B) after having sustained another permanent injury in the same employment, he is entitled to compensation for both injuries, but the total compensation must be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee previously has incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that the employee may receive further benefits as provided by Sections 42-7-310, 42-9-400, and 42-9-410 if his subsequent injury qualifies for additional benefits provided in those sections. This subsection is effective until June 30, 2008.

(B) If an employee receives a permanent injury as specified in Section 42-9-30 or Section 42-9-10(B)after having sustained another permanent injury in the same employment, he is entitled to compensation for both injuries, but the total compensation must be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. If an employee previously has incurred permanent partial disability through the loss of a hand, arm, shoulder, foot, leg, hip, or eye and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only, except that the employee may receive further benefits as provided under the provisions of Section 42-9-35. This subsection is effective on July 1, 2008.

HISTORY: 1962 Code SECTION 72-168; 1952 Code SECTION 72-168; 1942 Code SECTION 7035-38; 1936 (39) 1231; 1974 (58) 2235; 2007 Act No. 111, Pt I, SECTION 22, eff July 1, 2007, applicable to injuries that occur on or after that date.

Editor's Note

Subsection (A), as amended by 2007 Act No. 111, Part I, SECTION 22, is effective until June 30, 2008, and subsection (B), added by that same provision, is effective on July 1, 2008.