South Carolina Lawyers Weekly

Where the record shows that the claimant’s duties as a firefighter included lifting heavy objects on a regular basis, the claimant’s evidence showed a repetitive-motion injury to his back. It appears that the Workers’ Compensation Commission equated activities that are ...

Tagged with: Workers' Compensation

While working for Richtex Brick in 1997, Claimant suffered a back injury which resolved. When he applied to work for respondent Michelin North America in 2017, Claimant did not list Richtex Brick as a previous employer, and on a medical ...

Tagged with: Workers' Compensation

Although the respondent-employer showed that the claimant-employee falsely said on his post-hire medical questionnaire that he had never sought medical attention for a prior back injury or back pain, and although the employer showed that it relied on this falsehood, ...

Tagged with: Workers' Compensation

In a 2014 order, a single commissioner’s order summarily stated that the respondent-Claimant was not entitled to benefits under S.C. Code Ann. §§ 42-9-10 (total disability), -20 (partial disability), -30 (scheduled recovery), -210 (payments made by an employer when they ...

Tagged with: Workers' Compensation

The parties entered into a mediated settlement agreement for the claimant’s future medical expenses arising from a work-related injury. Pursuant to the agreement, the respondent-employer and the respondent-insurer agreed to pay the claimant $1,000,000, and the agreement was signed by ...

Tagged with: Workers’ Compensation

The Claimant suffered a compensable back injury and was assigned a 40 percent impairment rating to the spine and a 36 percent rating to the whole person. The record contains no fewer than 40 physician notes about Claimant having nerve ...

Tagged with: Workers' Compensation

The Appellate Panel of the Workers’ Compensation Commission mischaracterized the medical evidence of causation and ignored other evidence that the smoke-inhalation injury, which the decedent-deputy suffered during three 12-hour shifts at a massive fire, was a proximate cause of his ...

Tagged with: Workers' Compensation

Where the claimant presented medical evidence establishing a causal connection between his injuries and the “condition under which the work is performed,” as required by S.C. Code Ann. § 42-1-172(D), the Workers’ Compensation Commission erred by adding a new requirement ...

Where a calendaring mistake by the defendant-appellant’s counsel led defendant to miss the filing deadline for its appellate brief and led the Workers’ Compensation Commission to dismiss the appeal, the commission was required to consider whether there was good cause ...

Where the parties had a true joint physical custody arrangement, the appellant-mother’s relocation from Greenville to Columbia presents an issue of first impression as to whether there was a substantial change of circumstances warranting a review of the children’s best ...