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, 2010
T 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, 2010
T 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 Fund
Opinion No. 26880
Petition in the Original Jurisdiction
May 12, 2010 (Argued); September 13, 2010 (Filed)
In reversing the South Carolina Workers’ Compensation
Commission, the South Carolina Supreme Court held that the
ten-year statute of limitations period outlined in S.C. Code
Ann. §15-3-600 applied to reimbursement cases and that the
limitations period accrues on the date the Fund receives
notice of a potential Second Injury Fund claim rather then the
date 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 Calamas
Director of Claims
100 Executive Center Drive, Suite 101
Santee Building
Columbia, SC 29210
pcalama@sif.sc.gov
(803) 798-2722 ext. 115
Contacts
Phillip Johnson
Senior Claims Analyst
pjohnso@sif.sc.gov
(803) 798-2722 ext. 118
Phillip Johnson
Assigned 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
Florence
Bamberg
Georgetown
Barnwell
Hampton
Berkeley
Jasper
Calhoun
Lee
Charleston
Marion
Clarendon
Marlboro
Colleton
Richland
Darlington
Sumter
Dillon
Union
Dorchester Williamsburg
Fairfield York
The End