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Risk Management

Personnel Policies and Procedures Manual

SECTION: Employee Services and Benefits Section: V

Subject: D
SUBJECT: Compensation Conference
If Impairment Remains After Completion of Medical Treatment for a Work Injury/Purpose of Worker’s Compensation Conference Last Update: 02/16/09
Effective: 10/1/85
Revised: 4/1/97

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY.  THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS.  THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART.  NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

EXHIBIT E
If Impairment Remains After Completion of Medical Treatment for a Work Injury

Purpose of Workers' Compensation Conference

This informal conference is scheduled for the purpose of allowing you, a representative of your employer, and the commissioner to discuss the end results of your injury and the courses open at this time for protection of your rights to compensation. Conferences of this type are in order in cases where the employer accepts liability for the injury. Compensation has been paid to you for any wages lost during the time you were out of work due to the injury; and you have been furnished medical care as needed to restore you as nearly as possible to your former state of health and physical ability.

The doctor responsible for your medical care has reported that the healing of your injury is at a point considered to be the maximum of healing which can be promoted through medical treatment. Therefore, if you are not restored to your former health and physical ability, you may be entitled to some additional compensation. It may be that you have no physical impairment, but there are scars or other physical changes which are seriously disfiguring for which compensation is due and payable.

At the conference, the commissioner will review what the doctor has said about your present physical condition and how this relates to the injury; he will talk with you about how you feel about your present physical condition; and he will view any scars or changes in physical appearance resulting from the injury.

Each party, (the employer's representative, you, and the Commissioner), is free to express his opinion and view of the claim. If these views are in accord, a settlement of your claim may be reached. That is, if the amount of compensation is agreeable to all parties, a final compensation settlement agreement is effected and all compensation agreed upon is paid. Such a settlement does not close your claim forever. Your claim remains active for all purposes of medical care and compensation payments for at least one year following the date of the last payment of compensation to you resulting from a settlement. If your injury does not worsen and you do not gain the right to have your claim reviewed during this one year period, then your claim will be closed and all right to compensation (money) to you is forever terminated.

Should the compensation discussed at the conference not be acceptable to either party, there are other means available for affecting a closing of the claim. If you are the party that is not satisfied, say so. The claim can then be brought to a hearing and you will have your claim ruled upon according to the evidence produced and the Law. A hearing is a formal legal proceeding.  The evidence will be presented in sworn testimony and determination of the Hearing Commissioner will be rendered in writing. You may or may not be represented by counsel. The determination handed down by the Hearing Commissioner is subject to appeal to the full seven member Worker's Compensation at Columbia, South Carolina, by either party.

The above is not a full complete statement of the Workers' Compensation Act but is designed to inform you generally concerning your rights and the purpose of the scheduled conference. All known factors of your claim will be discussed at the conference, and should you have other questions concerning your rights, the Commissioner will be glad to hear them.

South Carolina Worker's Compensation Commission

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