1. South Carolina High Court Urges Legislative Fix to Pre-existing Health Issue in Workers' Comp.
- Author
-
Rabb, William
- Subjects
WORKERS' compensation ,JOB applications ,AMERICANS with Disabilities Act of 1990 ,COURTS - Abstract
The South Carolina Supreme Court has called for a legislative fix to a workers' compensation employment test that has been in use for over 50 years. The court expressed concern about the validity of the test, known as the Cooper test, which allows employers to deny workers' comp benefits if an employee misrepresented health information on their job application. However, this conflicts with the Americans with Disabilities Act, which prohibits companies from asking about health issues before hiring. The court suggested that the General Assembly address this issue legislatively. The court's decision in the case of Brailey vs. Michelin and Safety National Corp upheld a state appeals court ruling that overturned the South Carolina Workers' Compensation Commission's denial of Brailey's claim for compensation. [Extracted from the article]
- Published
- 2024