So Carolina WC Commissioners Reject Governor’s Directive

On Friday, state workers' compensation commissioners rejected South Carolina's Gov. Mark Sanford's executive order directing them to use more limited guidelines in determining settlements for injured workers.  
  
The seven members, appointed by the governor, ruled unanimously that their judicial code of conduct required them to remain "independent, impartial, and faithful to the law" in settling workers comp claims.  
  
"The commission has the utmost respect for the office of the governor," they wrote in an 11-page order, but "the commission does not have the authority to follow (the governor's directive, 2007-16.)"  
  
The commission's order stopped short of saying Sanford's directive was unconstitutional, which is a matter for a court to decide. But the body said it would "continue to apply the standards set forth in the Workers' Compensation Act and the case law interpreting same."  
  
Attorneys, some of whom represent employees, or claimants, had filed numerous motions with the commission protesting Sanford's order, which they said was an attempt to change the state's workers' comp law.  
  
Others, including attorneys who defend employers against injured workers' claims, supported Sanford's stance.  
  
After a heated hearing between the two sides Thursday, the commission said it would issue an order responding to the governor.  
  
"This is the politest slap in the face of a governor I have ever seen," said Sen. John Land, D-Clarendon, a claimants' attorney in workers' comp cases. "For the governor to have thought he could direct judicial officers to do certain things (in their rulings) is absurd."  
  
Sanford issued an order Sept. 20 directing the commission to use objective standards, such as the American Medical Association's impairment guidelines, when awarding disability payments, projecting the practice would lower costs to businesses.  
  
The commission maintained the law says it also can use other factors, such as a worker's age, education and vocational training, in determining a value for loss of earning capacity.  
  
Joel Sawyer, Sanford's spokesman, said that instead of a rejection, the commission's ruling Friday "was very much in line" with a follow-up executive order Sanford issued this week to clarify his Sept. 20 executive order -- the one the commission shot down Friday.  
  
When asked whether Sanford would fire workers' compensation commission members for their action, as is being speculated, Sawyer said, "No," insisting Sanford was "encouraged" by the commission's ruling.  
  
Land said he blamed the S.C. Chamber of Commerce for Sanford's attempt to implement a form of workers' comp reform the Legislature rejected.  
  
Though Sanford said he was encouraged by the commission's action Friday, the chamber said it was disappointed, reflecting the confusion surrounding Sanford's move.  
  
"It is incredulous that the workers' compensation commission is refusing to follow an executive order from our state governor," S. Hunter Howard Jr., the state chamber's president and chief executive officer, said in a statement.  
  
"Even making a decision on whether or not to follow the governor's executive order is improper because the commissioners are not judges. We expect the commission to follow the law."