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Workers’ Compensation – Change of Condition – Endogenous Depression – Res Judicata – Statute of Limitations
Wilson v. Charleston County School District (Lawyers Weekly No. 011-022-17, 14 pp.) (Stephanie McDonald, J.) Appealed from Charleston County Circuit Court (J. C. Nicholson Jr., J.) S.C. App. Holding: Although claimant had experienced some depression in the past, since she did not suffer from endogenous depression until after her work injury and subsequent back surgery, […]
Workers’ Compensation – Scheduled-Member Statute – Substantial Evidence – Rebuttable Presumption
Clemmons v. Lowe’s Home Centers, Inc. (Lawyers Weekly No. 010-017-17, 10 pp.) (Kaye Hearn, J.) (John Kittredge, J., concurring in the result only without separate opinion) (Costa Pleicones, Acting Justice, concurring in part & dissenting in part) Appealed from the Workers’ Compensation Commission. On writ of certiorari to the Court of Appeals. S.C. S. Ct. […]
Workers’ Compensation – Claimant Wins Benefits for Post-Accident PTSD
Ceres Marine Terminals Inc. v. Director, OWCP (Lawyers Weekly No. 001-028-17, 22 pp.) (Gregory, J.) No. 15-1041, March 24, 2016, Amended Jan. 27, 2017; On Petition for Review; 4th Cir. Holding: The 4th Circuit upholds an award of benefits under the Longshore and Harbor Workers’ Compensation Act for a longshoreman who suffered from post-traumatic stress […]
Workers’ Compensation – Pipefitter Wins Benefits for COPD, Fracture
Metro Machine Corp. v. Director, Office of Workers’ Compensation Programs (Lawyers Weekly No. 001-018-17, 28 pp.) (Traxler, J.) No. 15-2525, Jan. 20, 2017; On Petition for Review; 4th Cir. Holding: The 4th Circuit upholds an award of medical benefits under the Longshore and Harbor Workers’ Compensation Act for a pipefitter’s treatment for chronic obstructive pulmonary […]
Workers’ Compensation – Unexplained Death Presumption – Surviving Employee – No Memory – Inapplicable
Turner v. SAIIA Construction (Lawyers Weekly No. 011-106-16, 10 pp.) (James Lockemy, C.J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Even though the claimant has no memory of his on-the-job injury, since he survived it, he is not entitled to the unexplained death presumption. We affirm the Workers’ Compensation Commission’s denial of benefits. […]
Workers’ Compensation – Medical Benefits – Expert Evidence – Back Injury – Sufficient Findings
Hartzell v. Palmetto Collision, LLC (Lawyers Weekly No. 011-103-16, 9 pp.) (H. Bruce Williams, J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: The Workers’ Compensation Commission’s Appellate Panel erred when it awarded medical expenses to a claimant – more than 10 weeks after his on-the-job injury – but did not support its decision […]
Workers’ Compensation – Divided Premises Rule – Walk to Parking Lot
Davaut v. University of South Carolina (Lawyers Weekly No. 010-080-16, 11 pp.) (John Kittredge, J.) Appealed from the Workers’ Compensation Commission. On writ of certiorari to the Court of Appeals. S.C. S.Ct. Holding: Because petitioner was injured traveling between two portions of her employer’s premises – the library and the parking lot – as anticipated […]
Workers’ Compensation – Administrative – Interlocutory Appeals – Unpreserved Issues
Hilton v. Flakeboard America Ltd. (Lawyers Weekly No. 010-077-16, 9 pp.) (Costa Pleicones, C.J.) (Donald Beatty, J., concurring in the result only without separate opinion) (John Kittredge, J., joined by Kaye Hearn, J., concurring) Appealed from the Workers’ Compensation Commission. On appeal from the Court of Appeals. S.C. S. Ct. Holding: Where the Workers’ Compensation […]
Workers Compensation – Total Disability – Back Injury – Posthumous Award – MMI
McMahan v. S.C. Department of Education-Transportation (Lawyers Weekly No. 011-056-16, 13 pp.) (H. Bruce Williams, J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: Ten months after a bus fell on the plaintiff-mechanic, his treating physician found that he was totally disabled and assigned a 54 percent impairment rating to his whole person; thus, […]
Workers’ Compensation – Notice of Injury – Oral Report – Credibility
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 […]
Workers’ Compensation – Unpaid Premiums – Overlapping Coverage – Voluntary & Involuntary Policies
LM Insurance Corp. v. Contingent Resource Solutions, LLC (Lawyers Weekly No. 002-045-16, 15 pp.) (Bruce Howe Hendricks, J.) 7:14-cv-03634; D.S.C. Holding: Alternative pleading makes it possible for the defendant-employer/third-party plaintiff (1) to agree with the third-party defendant – which issued the employer a voluntary workers’ compensation policy to cover most of its employees – that [...]
Workers’ Compensation – Change of Condition – Objective or Subjective Evidence – Back Injury
Russell v. Wal-Mart Stores, Inc. (Lawyers Weekly No. 011-011-16, 6 pp.) (Paul Short Jr., J.) Appealed from the Workers’ Compensation Commission. S.C. App. Holding: The Workers’ Compensation Act does not require that evidence be either subjective or objective, but our appellate courts have affirmed awards based solely on objective evidence and awards based solely on […]
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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