Agreement Filed In Sanford Standoff Over Comp

The South Carolina Workers' Compensation Commission and Republican Gov. Mark Sanford have filed legal papers that would end their constitutional conflict over his orders to the commission on how to handle injury awards.

Lawyers from both sides yesterday submitted a joint motion to the State Supreme Court aimed at ending a case that was moved from federal court where the commission had accused the governor of acting unconstitutionally.

The conflict began last year when the governor issued four orders to the commission, including requirements for reports on how much Commissioners individually awarded in permanent disability cases and for their use of AMA injury guidelines.

Under the proposed order, the governor is rescinding the demand for AMA guidelines' use, and the Commission agrees that he has the right to request and obtain information including Commissioners' decisions on attorneys' fees.

Trial lawyer critics had charged that the governor's reporting orders were a threat to the Commission's independence, and the Commission in court papers charged they were in violation of the Code of Judicial Conduct.

The motion to the State Supreme Court, with a variety of agreements and stipulations, includes a statement that the “Commission and individual Commissioners have not been intimidated or coerced by any of the executive orders of the governor.”

Gov. Sanford, according to the motion, agrees that the commission acted legally in finding that his demand for application of “strict” AMA injury guidelines to all contested cases was contrary to state law.

The commission and governor agree under the motion that an award of attorneys' fees under the Workers' Compensation Act is subject to the requirement of “reasonableness.”

Mr. Sanford has been mentioned recently in a national context as a potential vice-presidential running mate for Arizona Sen. John McCain, the presumptive Republican presidential nominee.

His orders concerning AMA guidelines were issued after the state legislature removed language from a comp reform package that would have mandated their use.