*Hurricane Isaac underscores the important considerations all businesses must make to protect their customers, especially those in the water sports and entertainment industry.* South Carolina is known for its abundance of natural resources including lakes, rivers and streams that flow from the Upstate to the coastal estuaries of the Lowcountry. South Carolinians and tourists have… Continue Reading
Archives for August 2012
New Hearing and Informal Conference Cost Assessments
At the South Carolina Workers’ Compensation Commission meeting today, the Commissioners approved the new hearing and informal conference cost assessments for Fiscal Year 2013, which runs from July 2012 through June 2013. South Carolina Code Regulations 67-614 and 67-804(H) give Commissioners the authority to issue cost assessments in certain situations. If a Commissioner determines a hearing… Continue Reading
Storm Preparedness Advisory for the Hospitality Industry
Suggestions for hotels and food service establishments operating in the storm’s path [also published on MidlandsBiz.com and Hotel News Now] Tropical Storm Isaac is expected to reach hurricane status in the next 24 hours, and the governors of Alabama, Louisiana and Mississippi have declared states of emergency as a hurricane warning went into effect for a roughly… Continue Reading
Statute of Limitations on Patient Records for Minors
The South Carolina Physicians’ Patient Records Act provides SECTION 44-115-120: Length of time records must be kept; records pertaining to minors. It details the length of time records must be kept. Here is a refresher on the rules of the Act. Physicians shall retain their records for at least 10 years for adult patients and at least 13 years… Continue Reading
Sufficiency of medical opinions via “check the box” questionnaires
In order for an injury to be deemed compensable, a claimant must present facts sufficient to show the alleged injury arose out of and in course and scope of employment. This often requires the submission of medical evidence by way of an opinion from a doctor or other health care provider relating the injury to… Continue Reading
S.C. Chapter of American Board of Trial Advocates Hosts Fourth Annual James Otis Lecture Series on the Constitution for High School Students
[COLUMBIA, S.C. August 13, 2012] – The 2012 James Otis Lecture Series, hosted by South Carolina chapter of the American Board of Trial Advocates (ABOTA), will focus on “The First Amendment in Modern Times.” The lecture series begins 11:00 a.m. on Friday, September 14, 2012 at the South Carolina State House in the House of Representatives… Continue Reading
Clarification of Workers’ Compensation Appeals
Greetings blog readers! I returned to the office this week after maternity leave. I am proud to report that my twins, Hunter and Hayden, are healthy and happy. I will not burden all of you with pictures, but if you contact me individually I will be sure to share them with you. To transition back… Continue Reading
Supreme Court Affirms Appellate Panel to Find Employee Disabled Pursuant to §42-1-120
The South Carolina Supreme Court recently issued an opinion about whether an employee was disabled pursuant to SC Code §42-1-120, and if she constructively refused light duty work. In Johnson v. Rent-A-Center, Inc., Op. No. 27145, the Court affirmed the Workers’ Compensation Appellate Panel decision that found the employee did qualify as having a disability… Continue Reading
Court holds duty to pay not triggered where liability insured not liable to a 3rd party
S.C. Appellate Court Holds Insurer’s Duty to Pay Not Triggered Where Insured as to Liability Coverage Not Liable to a Third Party On August 1, 2012, the South Carolina Court of Appeals affirmed the decision of the trial court, holding that BMW was an insured only as to liability coverage, not comprehensive coverage, and therefore… Continue Reading
Collins & Lacy Attorneys Discuss Social Media Risk at South Carolina Association of Counties Annual Conference
Collins & Lacy employment law attorneys Michael Pitts of Greenville and Aisha Taylor of Columbia will speak at the South Carolina Association of Counties Annual Conference regarding social media and risk management on Monday, August 6, 2012. Their presentation, entitled “Socially Challenged: How to Manage Your Social Media Risk in a Linked-In World,” will teach government agencies best practices for creating a social… Continue Reading