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Tag Archives: Workers’ Compensation

Tort/Negligence – Workers’ Compensation – Exclusivity – Subcontractor – Statutory Employer (access required)

Poch v. Bayshore Concrete Products/South Carolina, Inc Where the defendant-subcontractor and its parent company both had workers’ compensation insurance that would have covered plaintiffs if plaintiffs’ staffing agency had failed to secure coverage, defendants preserved their tort immunity under the Workers’ Compensation Act.

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Workers’ Compensation – Medical Benefits – Neck & Lumbar Complaints – Average Weekly Wage – Truck Driver (access required)

Brown v. Peoplease Corp. The Workers’ Compensation Commission did not err in denying the claimant lifetime medical treatment for his low back pain when the claimant’s doctors did not perform any procedures on his lower back; the only treatment given to the claimant for his lower back was the Percocet given to him at the emergency room; and the claimant could not even specifically testify that he experienced lumbar pain.

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Workers’ Compensation – Employment Relationship – Volunteer – Educational Program – Condition of Probation (access required)

Simmons v. SC STRONG As a condition of probation and to avoid incarceration, the claimant participated in SC STRONG – a residential, non-profit organization in which “former substance abusers, ex-convicts, and homeless adults” are provided with educational and vocational opportunities. Although the claimant was injured while working on an SC STRONG construction project, he is not entitled to workers’ compensation benefits because he was a volunteer who worked without any expectation of remuneration.

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