The South Carolina Second Injury Fund

The South Carolina Second Injury Fund

By Latonya Dilligard Edwards, Esq.

July 1, 2008

The Second Injury Fund shall not consider a

claim for reimbursement for an injury that

occurs on or after July 1, 2008.

S.C. Code Ann. §42-7-320(B).

December 31, 2010T MINUS 73 DAYS AND COUNTING

The Fund must receive notice of a potential

claim by December 31, 2010.

S.C. Code Ann. §42-7-320(B)(1).

Notice must include the following:

December 31, 2010T MINUS 73 DAYS AND COUNTING

--date of accident

--employee’s name

--employer’s name and address

--insurance carrier’s name, address, NCCI

code, claim number, policy number and

effective date.

S.C. Code Ann. §42-9-400(f)

Notice to the Fund is effective upon receipt.

See Cincinnati Ins. Co. V. South Carolina Second

Injury Fund, 297 S.C. 372, 377, S.E.2d 130

(S.C. App. 1989), review dismissed 301 S.C. 180,

391 S.E.2d 235.

Question: I submitted notice to the Fund by

December 31, 2010 but it does not include all

of the information outlined in §42-9-400(f).

Am I barred from reimbursement recovery?

Answer: As long as the defect is cured by

June 30, 2011, your notice will not bar you

from reimbursement recovery. However, all

of the other reimbursement criteria have to be

established in order to qualify for

reimbursement.

June 30, 2011

All information required for the Fund to

accept, deny or compromise a claim must be

submitted by June 30, 2011. Some of the

required documents for submission include

medical records, Form 18, 19, or

16, and knowledge information.

June 30, 2011

For a complete list of required documents,

please go to www.scsif.sc.gov,

select “Forms”, then “Information Needed for

Second Injury Fund Investigation.”

Failure to submit all required information by

June 30, 2011 shall bar recovery.

S.C. Code Ann. §42-7-320(B)(2).

December 31, 2011

The Fund must make a decision on all claims

by December 31, 2011. The Fund shall not

accept a claim for reimbursement after

December 31, 2011.

S.C. Code Ann. §42-7-320(B)(1).

July 1, 2013

The Second Injury Fund is terminated on and

after July 1, 2013. All remaining liabilities,

assessments, and administration of obligations

will be determined by the State Budget &

Control Board.

S.C. Code Ann. §42-7-320(A)

July 1, 2013

All Uninsured Employers’ Fund employees,

equipment, etc. are transferred to the State

Accident Fund.

S.C. Code Ann. §42-7-200(A)(1)

Recent Second Injury Fund Cases

State Accident Fund v. SC Second Injury Fund,

Opinion No. 4684

April 15, 2010 (Argued); May 5, 2010 (Filed)

The South Carolina Court of Appeals held that the

Fund’s Agreement to Reimburse was not ambiguous

And the Fund is not required to pay beyond the

express terms of the Agreement.

Cases Continue

Transportation Ins. Co. v. SC Second Injury FundOpinion No. 26880Petition in the Original JurisdictionMay 12, 2010 (Argued); September 13, 2010 (Filed)In reversing the South Carolina Workers’ CompensationCommission, the South Carolina Supreme Court held that theten-year statute of limitations period outlined in S.C. CodeAnn. §15-3-600 applied to reimbursement cases and that thelimitations period accrues on the date the Fund receivesnotice of a potential Second Injury Fund claim rather then thedate of the claimant’s injury, as the Fund proposed.

Second Injury Fund Adjusters

We have two adjusters evaluating Second

Injury Fund claims. Each adjuster has 600

cases a month in their diary, which does not

include e-mails, telephone calls, and mail that

they may receive regarding a claim. Please

keep in mind that your claim is not the only

one being evaluated.

Contacts

If you have questions about the status of your claim, please contact the

following individuals:

Pete CalamasDirector of Claims

100 Executive Center Drive, Suite 101Santee Building

Columbia, SC 29210pcalama@sif.sc.gov

(803) 798-2722 ext. 115

Contacts

Phillip Johnson

Senior Claims Analyst

pjohnso@sif.sc.gov

(803) 798-2722 ext. 118

Phillip JohnsonAssigned Counties

Abbeville Kershaw

Aiken Lancaster

Anderson Laurens

Beaufort Lexington

Cherokee McCormick

Chester Newberry

Chesterfield Oconee

Edgefield Orangeburg

Greenville Pickens

Greenwood Saluda

Horry Spartanburg

Contacts

Marla Rehborn

Claims Analyst

mrehbo@sif.sc.gov

(803) 798-2722 ext. 131

Marla Rehborn Assigned Counties

Allendale FlorenceBamberg Georgetown

Barnwell HamptonBerkeley Jasper

Calhoun Lee Charleston Marion

Clarendon MarlboroColleton Richland

Darlington SumterDillon Union

Dorchester WilliamsburgFairfield York

The End