We generally are pleased with the economy when it grows and income rises. Last year was no different. While income increased on average only a small percentage, our maximum compensation rate, which is tied to the state’s average income, rose with it. The 2017 maximum compensation rate is $806.92. It is equal to the average weekly… Continue Reading
About Stan Lacy
Constitutional Rights vs. The Exclusive Remedy Doctrine
The Workers’ Compensation Act evolved from what is often called the “Grand Bargain.” Injured workers cannot sue their employers for work-related injuries in exchange for a no fault system in which the injured worker does not have to prove negligence and the employer provides sure and timely medical and indemnity benefits defined by statute. In… Continue Reading
There’s a New Blog in Town
I am about to begin my thirty-fifth year teaching workers’ compensation as an adjunct professor at the USC School of Law. Last month, I received an email from Mike Duff who teaches workers’ compensation at the University of Wyoming asking if I would like to join him and a core group of workers’ compensation professors… Continue Reading
Getting to “Yes”!
In their book, “Getting to YES, Negotiating Agreement without Giving In,” Roger Fisher and William Ury discuss alternatives to positional negotiating. It is a must read for all mediators and a strongly suggested read for any attorney who participates in the negotiation process. Positional negotiating is what we see in most workers compensation mediations. Each… Continue Reading
A Change in Direction for Change in Condition?
On January 20, 2016, the South Carolina Court of Appeals handed down its opinion in Russell v. Wal-Mart Stores, Inc., 2016 WL 231216, and held that claimant is not required to prove a change of condition by objective evidence. Russell injured her back on November 3, 2009 lifting something heavy. Because she was pregnant, diagnostic… Continue Reading
It’s Time We Finally Do Something About §42-1-580
My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there is no way the topic I have chosen for this blog can be discussed in… Continue Reading
The Pendulum We Know As Workers’ Compensation
When you’ve been in the workers compensation industry for almost 40 years, you see a lot of changes. A few decades ago, workers’ compensation was a gold mine for claimants’ attorneys. The joke then was that, to win, all a claimants’ attorney had to do was show up at the hearing with a client. And… Continue Reading
Down with the Case Law Update
Every educational conference I have attended, such as the upcoming South Carolina Workers’ Compensation Educational Association (SCWCEA) “Comp Camp”, there has been a case law update. Many of those updates were delivered by me. In every update, cases were presented in no particular order, and the speaker described the facts, the law and the holding.… Continue Reading
Commissioner Roche Has Resigned. What Now?
Like most of you, I was caught off guard by the news Andrea Roche is resigning from the South Carolina Workers’ Compensation Commission (SCWCC), effective July 31, 2014. The announcement this week did not give Commissioner Roche’s reason for resigning, only that she was returning to private practice. We can speculate, but regardless of the… Continue Reading
In the Spotlight: A Tribute to Bill Griggs & the End of an Era
It is my turn to blog. When I do, I usually I look for a recent case to analyze or some topic dealing with changes in the Worker’s Compensation Act. Not today. Indulge me to take a minute of your time to talk about the passing of an era. Last week, Bill Griggs passed away.… Continue Reading