Understanding South Carolina Form 27: Workers' Compensation Subpoena

Purpose of Form 27 in South Carolina Workers' Compensation

Form 27 is the official subpoena used by the South Carolina Workers' Compensation Commission (SCWCC) to compel the production of documents, testimony, or attendance at a hearing in a workers' compensation case. It ensures that all relevant evidence is available to determine liability, benefits, or dispute resolution. The subpoena can be issued to employees, employers, insurers, medical providers, and third‑party witnesses.

When and Who Can Issue a Form 27

The SCWCC, an authorized claims adjuster, or an attorney representing a party in the case may issue Form 27. It is typically served after an initial claim filing when additional information is needed to assess the claim's merits. The issuing party must identify the specific records or testimony sought and explain why the information is material to the case.

Key Elements of the Form

Form 27 contains several mandatory fields that must be completed accurately:

• Case Number: The unique SCWCC docket number.
• Issuing Authority: Name and title of the commissioner, adjuster, or attorney.
• Recipient Details: Name, address, and contact information of the person or entity being subpoenaed.
• Specific Request: Precise description of documents, records, or testimony required.
• Deadline for Compliance: Typically 10 days from service, unless the court orders otherwise.
• Signature and Date: Must be signed by the issuing officer or their authorized representative.

How to Serve Form 27

Service must follow South Carolina's Rules of Civil Procedure and the SCWCC's procedural guidelines. Acceptable methods include:

• Personal delivery by a process server.
• Certified mail with return receipt requested.
• Electronic service, if both parties have agreed to e‑filing.

Proof of service—affidavit or receipt—must be filed with the Commission to confirm that the subpoena was properly delivered.

Recipient Obligations and Rights

Upon receipt, the subpoenaed party must:

• Review the request for scope and relevance.
• Object in writing within the compliance window if the request is overly broad, privileged, or unduly burdensome.
• Produce the requested items or appear at the scheduled hearing if no valid objection is filed.

Failure to comply without a valid objection can result in a contempt finding, monetary penalties, or an order compelling production.

Common Objections and How They Are Resolved

Typical objections include claims of:

• Attorney‑client privilege.
• Irrelevance to the workers' compensation claim.
• Excessive volume or cost of production.

The SCWCC will hold a hearing to balance the requesting party's need for information against the respondent's protections. The judge may narrow the request, order partial compliance, or deny the subpoena entirely.

Sample Timeline for a Form 27 Subpoena

Tips for Completing and Responding to Form 27

For Issuers: Double‑check case numbers and recipient addresses, be specific about the records needed, and attach a cover letter explaining the relevance. This reduces the chance of objections.

For Recipients: Keep a log of all documents requested, consult legal counsel promptly, and file any objections before the deadline. When producing documents, use a clear index and retain copies for your records.

Where to Find the Form and Additional Resources

Form 27 is available for free download from the South Carolina Workers' Compensation Commission website. The site also provides a detailed instruction sheet, sample subpoenas, and FAQs about service methods and objection procedures. For complex cases, consulting an attorney experienced in South Carolina workers' compensation law is advisable.