S.C. Code Ann. § 42-1-530
Former 42-1-530 was entitled "Defenses which are not available to employer when neither he nor employee is under Title" and was derived from 1962 Code Section 72-120; 1952 Code Section 72-120; 1942 Code Section 7035-19; 1936 (39) 1231.
Prior to repeal, Section 42-1-530 read as follows:
"When both the employer and the employee elect not to operate under this Title the liability of the employer shall be the same as though he alone rejected the terms of this Title and in any suit brought against him by such employee the employer shall not be permitted to avail himself of any of the common-law defenses mentioned in Section 42-1-510."