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Jun 15, 2017

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 […]

Mar 21, 2012

Workers’ Compensation – Repetitive Trauma Injury – Medical Evidence – Causation – Notice

Thigpen v. Lexington Medical Center Plaintiff’s family physician – who said he was not an expert on carpal tunnel syndrome – testified that the claimant’s job duties could “potentially exacerbate” her carpal tunnel syndrome. The orthopedic surgeon who performed the claimant’s carpal tunnel surgery testified that he could not say what caused the claimant’s carpal tunnel syn[...]

Nov 10, 2011

Workers’ Compensation – Causation – Respiratory Problems – Conflicting Evidence

Brunson v. American Koyo Bearings Even though the claimant presented medical and lay testimony in support of her claim, there was medical evidence to the contrary, the single commissioner found that the claimant was not credible, and the single commissioner discounted testimony from other lay witnesses because they were the claimant’s friends outside work. Since the evidence is confl[...]

Oct 25, 2011

Workers’ Compensation – Statute of Limitations – Sarcoidosis – Causation

Holmes v. National Services Industries Even though none of her doctors linked petitioner’s sarcoidosis to her job with the respondent-employer until 2005, given petitioner’s working conditions and symptoms, she should have realized she had a compensable condition more than two years before she filed her 2005 workers’ compensation claim. We affirm the Court of Appeals’ decision,[...]

Apr 20, 2011

Workers’ Compensation – Causation – Hearing Loss – Perjury – Intrinsic Fraud

Samonsky v. BellSouth Telecommunications, Inc. (Lawyers Weekly No. 011-060-11, 3 pp.) (Per Curiam) Appealed from Aiken County Circuit Court. (Doyet A. Early III, J.) S.C. App. Unpub. Click here for the full text of the opinion. Holding: Claimant’s doctors could not causally relate claimant’s vertigo, hearing loss, tinnitus or hernia to his job, and the […]

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