Regarding temporary benefits, the state statute reads, "When an employee has been out of work due to a reported work-related injury or occupational disease for eight days, an employer may start temporary disability payments immediately and may continue these payments for up to one hundred fifty days from the date the injury or disease is reported without waiver of any grounds for good faith denial. Upon making the first payment, the employer immediately shall notify the commission, in accordance with a form prescribed by the commission, that payment of compensation has begun." S.C. Code Ann. § 42-9-260.
"Maximum Medical Improvement," or MMI, is when the claimant has "plateaued" in medical treatment. During MMI, the claimant will be rated by a physician, and he/she will stop receiving temporary benefits. If an employee has been declared as having reached maximum medical improvement, the employer may request a hearing to address the termination of temporary disability payments. The hearing must be held within sixty days of the date of the employer's request for a hearing. § 42-9-260(d). Also, a party must request a Form 21 hearing when they want to terminate benefits once the claimant reaches MMI.
The maximum compensation rate changes every year. In 2022, the maximum rate is $963.37. For determining the compensation rate of the claimant, the Commission calculates two-thirds (66 2/3%) of the claimant's average weekly wage (AWW). Multiple jobs held by the claimant can be used to calculate the AWW.
After the claimant reaches MMI and is rated, the Commission will determine the compensation that the claimant will receive. Permanent partial benefits include the previously mentioned scheduled and unscheduled injuries. For scheduled injuries, the statute will govern how much compensation the claimant receives and how long he/she receives them. S.C. Ann. 42-9-10 governs permanent total benefits. This only applies in limited scenarios, such as the claimant losing vision in both eyes, losing both hands, arms, shoulders, etc. Id.