SC Workers' Compensation Commission Cannot Order Social Security Language
James v. Anne’s Inc., Opinion No. 26762 (SC 2010)
The Claimant argued that he was entitled to language in Workers’ Compensation Commission’s Decision & Order that protected him from Social Security’s disability benefits taking an offset for the workers' compensation benefits which claimant would receive in the award. The allocation of a lump sum workers’ compensation award spread over the lifetime of the Claimant is commonly referred to as “Utica-Mohawk” language. The SC Supreme Court held that the Workers’ Compensation Commission does not have the authority to place such language in a Decision & Order without the consent of parties.
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