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 – 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[...]
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[...]
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,[...]
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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