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Tag Archives: Workers’ Compensation

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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Broken dreams (access required)

broken-dreams

Most people harbor dreams of a second career—some of them realistic, some of them not. But the South Carolina Supreme Court has ruled that one injured crane operator’s vague, implausible hope to open a restaurant could not be held against him by the Workers’ Compensation Commission in awarding him benefits for lost wages.

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Workers’ Compensation – Earning Capacity – Claimant’s Hope – Restaurant (access required)

Hutson v. South Carolina State Ports Authority In support of his request to have workers’ compensation benefits awarded to him in a lump sum, claimant testified about his hope to open and operate a restaurant. Claimant had no restaurant experience, and he testified that he did not know how much he could earn. This should not have served as the basis for a ruling that claimant had failed to prove a loss of earning capacity.

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Workers’ Compensation – Employment Relationship – Strip Club – Exotic Dancer – Independent Contractor (access required)

Lewis v. L.B. Dynasty, Inc. Where claimant was an itinerant artistic performer who decided which strip club she wanted to perform at each night, agreed to that club’s rules, and paid the club a portion of her tips for the privilege of performing, claimant was not an employee of the respondent-strip club when she was hit by a stray bullet during an altercation at the club.

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