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Code · South Carolina · Title 42 - WORKERS' COMPENSATION · CHAPTER 3 · Workers' Compensation Commission

§ 38-2-10. (B)(1) If the commission discovers a pattern of an insurer failing to pay benefits pursuant to an award, as defined in i.

198 words·~1 min read·/sc/title-42-workers-compensation/chapter-3/workers-compensation-commission/38-2-10·

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§ 38-2-10. (B)(1) If the commission discovers a pattern of an insurer failing to pay benefits pursuant to an award, as defined in item (2), the chairman must notify the Director of the Department of Insurance. The director or his or her designee must hold a hearing to determine if the insurer had good cause for nonpayment. If the director or his or her designee determines that nonpayment was intentional three or more times within a two-year period, the director may revoke the license of the insurer to do business in this State.
If the director or his or her designee revokes the license of the insurer, he must take any steps he considers necessary for the protection of the insurer's policyholders in this State.
(2)For purposes of this section, a pattern is established upon an insurer's failure to pay an award at least three times within a two-year period by failing to pay:
(a)for individual claims;
(b)for a claim in which the claimant had to request enforcement of an award; or
(c)any combination of subitems
(a)and (b).
(3)All fines collected pursuant to this section must be submitted to the general fund.
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