Workers’ Compensation – Notice of Injury – Oral Report

Teresa Bruno, Opinions Editor//April 13, 2016//

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Hartzell v. Palmetto Collision, LLC (Lawyers Weekly No. 010-024-16, 6 pp.) (Jean Hoefer Toal, Acting Justice) Appealed from the Workers’ Compensation Commission. On writ of certiorari to the Court of Appeals. S.C. S. Ct.

Holding: Petitioner testified that, the day after he hurt his back at work, he told the respondent-employer’s owner that he was “pretty sore” and “must have hurt [himself].” Although the owner testified that the conversation petitioner described didn’t “ring a bell” more than two years after the fact, the Workers’ Compensation Commission – the ultimate fact finder – found petitioner more credible than the owner on the issue of notice and found that petitioner had complied with the notice requirement of S.C. Code Ann. § 42-15-20. The Commission’s findings are supported by substantial evidence.

We reverse the Court of Appeals’ reversal of the Commission’s order based on the issue of notice. We remand for consideration of the remaining issues raised by the employer.