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Workers' Compensation

Sep 2, 2021

Workers’ Compensation – Coverage by Estoppel – Insurer’s & Agent’s Conversation

A construction company (the employer) planned to perform work in South Carolina and asked its insurance broker to expand its workers’ compensation policy to cover the South Carolina jobs. In a confusing conversation, the appellant-insurer initially said South Carolina would be added to the employer’s policy; at the end of the conversation, the insurer said […]

Aug 25, 2021

Workers’ Compensation – Insurance – Second Injury Fund & Guaranty Association – Insolvent Carrier

The Second Injury Fund (Fund) was making payments to a workers’ compensation carrier when the carrier became insolvent. When the Property and Casualty Insurance Guaranty Association (Guaranty Association) took over the insolvent carrier’s obligations, the Guaranty Association also became entitled to payments from the Fund. We affirm the Circuit Court’s decision upholding the Workers’ Compe[...]

Aug 18, 2021

Workers’ Compensation – Statutory Employee Doctrine – Asbestos Exposure – Contractor’s Employee – Tort/Negligence

Where the owner of a manufacturing facility made a legitimate business decision to outsource its maintenance and repair work, with no intention of avoiding the cost of workers’ compensation insurance for the contractor’s employees, the facility’s owner is not the statutory employer of the contractor’s employee. We affirm judgment for the employee’s personal representative and […]

Jul 2, 2021

Workers’ Compensation – Roofing Contractor – Direct Employee

Although (1) there is little direct evidence that defendant May River Roofing controlled the finer points of how plaintiff, a skilled roofer, went about his work, (2) plaintiff provided his own tools, and (3) plaintiff was usually paid based on how much work he did rather than the number of hours he worked, since (a) […]

May 26, 2021

Workers’ Compensation – Credibility – Psychological Condition – Aggravation Claim

Although the single commissioner should not have admitted an opinion denying claimant’s previous workers’ compensation claim, there was other substantial evidence—including claimant’s denial, during her deposition, of previous documented treatment for similar problems—supporting the single commissioner’s finding that claimant was not credible. We affirm the denial of claimant’s claim[...]

Apr 7, 2021

Workers’ Compensation – Painter’s Headaches – Causation – Cross-Examination – Notice

The opinions of multiple medical professionals who examined and reviewed the records of the claimant-employee do not support his claim that he was injured from exposure to volatile organic compounds in paint while working for the employer. The Appellate Panel of the Workers’ Compensation Commission gave little weight to the opinions of neurologist Dr. White […]

Apr 1, 2021

Workers’ Compensation – Death Benefits – Bunkhouse Rule – Armed Robbery & Murder – Average Weekly Wage – Motel Room

Where a motel maid—who was required to live on the motel premises and to be on call 24/7 and who was dressed for her shift—was killed in an armed robbery on the motel premises shortly before her shift officially began, the decedent’s death arose from and occurred in the course of her employment. We affirm […]

Mar 22, 2021

Workers’ Compensation – Credibility – Other Evidence – Insufficient Findings

The discovery that the claimant had sought benefits for similar injuries in the past dealt a significant blow to his credibility; however, the claimant’s lack of credibility did not make the rest of his evidence incredible. The appellate panel’s rejection of the claimant’s workers’ compensation claim is not supported by sufficient findings. Reversed and remanded […]

Jan 20, 2021

Workers’ Compensation – Death Benefits Claim – Causation – Shoulder Injury & Alcohol Abuse – Treatment Delay

Even though the plaintiff-widow claims defendants’ delay in approving medical tests and treatments for her decedent-employee’s compensable shoulder injury led him to consume more alcohol, which in turn contributed to his death, since there was no medical evidence that the employee’s alcohol intake increased while he waited for defendants to approve tests and treatments, the […]

Nov 30, 2020

Workers’ Compensation – Pre-existing Condition – Trial by Implied Consent – Admission & Treatment – Dove-Field Drive

Even though the defendant-employer did not raise the issue of plaintiff’s pre-existing condition until the hearing before the single commissioner of the Workers’ Compensation Commission’s, the issue was discussed extensively throughout the hearing, and the single commissioner ruled on the issue. We are persuaded by the civil-procedure doctrine of trial by implied consent and find […]

May 20, 2020

Workers’ Compensation – Preexisting Condition – On-the-Job Injury – Subsequent Neck Pain

Where the employer was not on notice of claimant’s preexisting neck injury until just prior to the hearing before the single commissioner, and where claimant did not object to the employer raising this issue at the hearing, the employer is not estopped from contesting liability despite the facts that (1) the employer did not raise […]

May 6, 2020

Workers’ Compensation – Credibility – Objective Medical Evidence – Hearing Loss

Where there was objective medical evidence that an on-the-job injury left petitioner with severe to profound hearing loss, petitioner’s lack of credibility was not a reasonable and meaningful basis upon which to deny workers’ compensation benefits. We affirm the Court of Appeals’ reversal of the Workers’ Compensation Commission’s denial of temporary total disability benefits. We [&hellip[...]

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