2022 South Carolina Code of Laws
Title 42 - Workers' Compensation
Chapter 13 - Ionizing Radiation Injury
Section 42-13-90. Employee's right to vocational rehabilitation services.
(a) An employee covered by this chapter who, for reasons of injury or medically determined restrictions on radiation exposure, and whose skills are not transferable to equivalent work not involving radiation exposure, shall be entitled to such vocational rehabilitation services, including retraining and job replacement, as may be reasonably necessary to restore him to suitable employment. If such services are not voluntarily offered and accepted, the Workers' Compensation Commission, on its own motion or upon application of the employee, after affording the parties an opportunity to be heard, may refer the employee to one or more qualified physicians or facilities for evaluation of the practicability of, the need for, and the kind of service, treatment or training necessary for and appropriate to render him fit for a remunerative occupation. Upon receipt and evaluation of such report, the Workers' Compensation Commission may order that the services and treatment recommended in the report, or such other rehabilitation treatment or service it may deem necessary, be provided at the expense of the employer. Vocational rehabilitation training, treatment or service required pursuant to this section shall not extend for a period of more than fifty-two weeks, except in unusual cases when by special order of the Workers' Compensation Commission, after affording the parties an opportunity to be heard, the period may be extended for an additional twenty-six weeks.
(b) Where rehabilitation services require residence at or near the facility or institution away from the employee's customary residence, reasonable cost of his board, lodging and travel shall be paid for by the employer.
(c) Refusal to accept rehabilitation services pursuant to order of the Workers' Compensation Commission shall result in loss of compensation for each week of the period of refusal.
HISTORY: 1962 Code Section 72-288; 1969 (56) 685.
