Workers’ Compensation – Change of Condition – Knee Injury – Pre-Existing Condition – Degenerative Disease – Pain Level

Carter v. Verizon Wireless (Lawyers Weekly No. 011-035-14, 9 pp.) (Cureton, A.J.) Appealed from Greenville County Circuit Court (D. Garrison Hill, J.) S.C. App.

Holding: Claimant’s and her doctor’s testimony can be read to indicate that the condition which has worsened is claimant’s pre-existing degenerative joint disease, not her compensable knee injury. Such testimony supports the Workers’ Compensation Commission’s Appellate Panel’s determination that claimant had not proven a compensable change of condition.

We reverse the circuit court’s reversal of the Appellate Panel’s change-of-condition ruling. However, we affirm the circuit court’s reversal of the Appellate Panel’s limitation of claimant’s future medical treatment.

Commissioner Wilkerson’s April 2011 order awarded claimant future medical benefits “including Darvocet or comparable medication.” The Appellate Panel replaced “including” with “specifically restricted to.”

The Appellate Panel’s restriction affected claimant’s substantial right to receive future medical care and treatment that would tend to lessen the period of her disability. Accordingly, the circuit court did not err in striking the restriction.

Affirmed in part and reversed in part.