Where workers’ compensation commissioner threatened claimant with referral for criminal prosecution unless he settled his case, commissioner erred in failing to refuse plaintiff’s motion for recusal. We reverse the decision of the court of appeals and vacate the orders of ...Read More »
Where an administrative judge explained why an expert convincingly opined that a miner who smoked two packs of cigarettes a day for 50 years did not suffer from black lung disease, the miner was not entitled to benefits under the ...Read More »
Where (1) the claimant lost consciousness and fell to the ground in the presence of his two immediate supervisors, (2) the supervisors knew the claimant was hospitalized that day, and (3) the respondent-employer began an investigation into the claimant’s injury ...Read More »
The Appellate Panel of the Workers’ Compensation Commission addressed only one of the several injuries alleged by the claimant. The Appellate Panel declined to address injuries asserted in the claimant’s Form 50 (as to which the claimant sought mediation) because ...Read More »
We improvidently granted review of our Court of Appeals’ decision (The appellant-employee settled a workers’ compensation claim with the respondent-employer following a second injury to a body part that had been injured in a previous workplace incident. We are unable ...Read More »
This case involves an alleged change of condition in a workers’ compensation claim. Where the Court of Appeals remanded an appellate panel’s decision back to the Workers’ Compensation Commission based on that panel’s improper review of the single commissioner’s decision, ...Read More »
Workers’ Compensation –Exclusivity Provision – Statutory Co-Employees – Co-Employees’ General Employer
Plaintiff’s decedent and defendant Mundy Maintenance’s employees were acting as defendant Eastman Chemical Company’s statutory employees when Mundy’s employees used a torch flame to heat a pipe and when the decedent subsequently performed maintenance on the pipe and it exploded, ...Read More »
Although appellant sought workers’ compensation death benefits as the decedent’s common law wife, since there was no evidence of any acts of fornication, the Workers’ Compensation Commission’s Appellate Panel erred in finding appellant and the decedent engaged in fornication. We ...
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Under well-settled law, the Workers’ Compensation Commission’s determination of whether a claimant gave timely notice under S.C. Code Ann. § 42-15-20 is not a jurisdictional determination and must be reviewed on appeal under the substantial evidence standard. We reverse the ...
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