South Carolina Lawyers Weekly

Sep 30, 2025

SC court reverses ruling in worker’s occupational asthma case

The South Carolina Court of Appeals reversed a denial of a worker’s occupational asthma claim, ruling medical evidence supported his case and remanding for reconsideration.

Oct 23, 2024

Court upholds two-prong test for repetitive trauma claims

By Michael E. Chase and Zachary B. Ohanesian In a significant decision impacting workers’ compensation claims across the state, the Supreme Court of South Carolina has issued its opinion in […]

Jun 13, 2012

Workers’ Compensation – Second Injury Fund – Medical Evidence – Treating Physicians & Diagnostic Tests

Carolinas Recycling Group v. South Carolina Second Injury Fund The decision of the appellate panel of the Workers’ Compensation Commission to deny the appellant-carrier partial reimbursement from the Second Injury Fund is supported only by the opinion of a non-treating physician who examined the injured claimant once. Several treating physicians, whose evaluations were supported by diag[...]

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[...]

Sep 16, 2011

Workers’ Compensation – Medical Evidence – Head Injury – ‘Physical Brain Damage’ – Psychologist’s Testimony

Potter v. Spartanburg School District 7 The Appellate Panel of the Workers’ Compensation Commission was within its discretion to require a “higher degree of expertise” than that possessed by a clinical psychologist when determining whether plaintiff had sustained a physical brain injury. We affirm the circuit court’s decision to uphold the Appellate Panel’s finding that, alth[...]

Apr 1, 2011

Peer-review privilege keeps file locked

A confidential file on a patient who was injured while trying to escape a Beaufort hospital in 1999 wasn't discoverable, even though it held evidence that the hospital knew the patient was a danger to himself. So said the S.C. Court of Appeals in a ruling that centered on the patient's battle to unlock a statutory peer-review privilege that rendered the file confidential. The patient, Danny R. Pri[...]

Dec 23, 2010

Workers’ Compensation – Disability Level – Back Impairment – Medical Evidence

Joyner v. Sumter County. (Lawyers Weekly No. 011-150-10, 3 pp.) (Per Curiam) Appealed from Sumter County Circuit Court. (Jeffrey Young, J.) S.C. App. Unpub. Click here for the full text […]