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Workers’ Compensation – Disability Level – Medical Evidence – Causation – Back Injury & Lung Cancer
After his compensable back injury, the claimant complained to his doctors about persistent pain, numbness, and weakness in his right leg, and two doctors diagnosed him with lumbar radiculopathy; thus, the claimant was entitled to proceed under S.C. Code Ann. § 42-9-40 to show that his back injury caused additional injury or impairment to his […]
Workers’ Compensation – Black-lung presumption puts burden on employer
W.V. Coal Workers’ Pneumoconiosis Fund v. DOL Office of Workers Comp. Programs (Lawyers Weekly No. 001-020-18, 14 pp.) (Harris, J.) No. 16-2453, Jan. 26, 2018; BRB. 4th Cir. Holding: Equivocal medical testimony could not rebut the Black Lung Benefits Act’s 15-year presumption of causation. Claimant Lonnie Smith was a coal miner for 31 years. In […]
Workers’ Compensation – Claims – Second Injury – Impairment Ratings
Harrison v. Owen Steel Company, Inc. (Lawyers Weekly No. 011-003-18, 10 pp.) (John Geathers, J.) Case No. 2015-002093. Appealed from the Workers’ Compensation Commission. S.C. App. Holding: 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 […]
Workers’ Compensation – Voluntary Retirement Doesn’t Defeat Disability Claim
Employees covered by the Longshore and Harbor Workers’ Compensation Act can claim disability benefits despite voluntary retirement, the circuit court held. After working for Appellee Huntington Ingalls Inc. for 45 years, Appellant Russell Moody gave 90 days’ notice of his retirement due to unhappiness with a new shift assignment. During the notice window, Moody injured […]
Workers’ Compensation – Insurance Policy – Rescission vs. Cancellation – Procurement by Fraud
Bessinger v. R-N-M Builders & Associates, LLC (Lawyers Weekly No. 011-074-17, 12 pp.) (Paula Thomas, J.) Appealed from the Workers Compensation Commission. S.C. App. Holding: S.C. Code Ann. § 38-75-730 applies when a party wishes to cancel a workers’ compensation policy already in existence at the time of a loss and not when, as here, […]
Workers’ Compensation – Notice – Supervisors’ Presence – Fainting – Squeegee Board
Nero v. South Carolina Department of Transportation (Lawyers Weekly No. 011-059-17, 11 pp.) (Stephanie McDonald, J.) Appealed from the Workers’ Compensation Commission. Substituted opinion. S.C. App. Holding: Although claimant never formally reported his neck injury to his supervisors, since they both witnessed claimant fall to the ground, unconscious, after completing the physically challenging[...]
Workers’ Compensation – Employee or Independent Contractor – Change to 1099 Reporting – Same Control
Sellers v. Tech Service, Inc. (Lawyers Weekly No. 011-055-17, 13 pp.) (Stephanie McDonald, J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Where it appears that a dispute about overtime was resolved by the employer (owned by the claimant’s cousin) starting to pay the claimant as an independent contractor, but where the employer retained […]
Workers’ Compensation – Disability – Back Impairment Rating – Return to Work
Clemmons v. Lowe’s Home Centers, Inc.-Harbison (Lawyers Weekly No. 010-036-17, 8 pp.) (Kaye Hearn, J.) Appealed from the Workers’ Compensation Commission. On writ of certiorari to the Court of Appeals. Substituted opinion. S.C. S. Ct. Holding: Despite the fact that the claimant was able to return to work with permanent restrictions, since every medical professional […]
Workers’ Compensation – Causation – Ankle Injury – Stocking Merchandise – Idiopathic Exception
Foran v. Murphy USA (Lawyers Weekly No. 011-038-17, 7 pp.) (Stephanie McDonald, J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Even though the claimant had undergone ankle surgery nine years before she hurt the same ankle at work, since the claimant was performing a work task when she suffered an injury by accident […]
Workers’ Compensation – Statutory Employee – Exclusivity Provision – Subcontractor’s Employee
Jarman v. Beaufort-Jasper Water & Sewer Authority (Lawyers Weekly No. 002-135-17, 7 pp.) (David Norton, J.) 9:15-cv-00356; D.S.C. Holding: If the defendant-contractor had not subcontracted with Razorback Boring, Inc. (plaintiff’s direct employer) to bore underneath a road and install steel casing though which the contractor could install a gravity sewer line, the contractor would have [&hell[...]
Workers’ Compensation – Compensation Rate – Average Weekly Wage – Nightclub Dancer
Lewis v. L.B. Dynasty, Inc. (Lawyers Weekly No. 010-022-17, 4 pp.) (Kaye Hearn, J.) (Costa Pleicones, Acting Justice, concurring in the result only without separate opinion) Appealed from the Workers’ Compensation Commission. On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: The Workers’ Compensation Commission summarily concluded that claimant – a […]
Workers’ Compensation – Notice – Supervisors’ Presence – Fainting – Squeegee Board
Nero v. South Carolina Department of Transportation (Lawyers Weekly No. 011-024-17, 10 pp.) (Stephanie McDonald, J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Although claimant never formally reported his neck injury to his supervisors, since they both witnessed claimant fall to the ground, unconscious, after completing the physically challenging work of helping to [[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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