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
Workers' Compensation Law Blog
The South Carolina Workers' Compensation Law Blog provides timely information and updates on legal issues related to the practice of workers' compensation law in the Palmetto State.
New Year Means New Rate
It is a new year, and with that comes a new maximum compensation rate for workers’ compensation claimants in South Carolina. The new maximum weekly compensation rate for accidents occurring on or after January 1, 2016 is $784.03. This new maximum compensation rate was determined by the South Carolina Department of Employment and Workforce’s certification… Continue Reading
Collins & Lacy Co-Founder is Honored as Midlands’ Legal Elite
[COLUMBIA, S.C. October 14, 2015] – Collins & Lacy, P.C. is pleased to announce attorney Stan Lacy has been selected to Columbia Business Monthly’s 2015 Legal Elite of the Midlands for his work in Workers’ Compensation. The Legal Elite of the Midlands is an annual award given to the top lawyers in 20 different practice… Continue Reading
South Carolina has a New Medical Services Provider Manual for the First Time in Five Years!
Why You Should Care… The South Carolina Workers’ Compensation Commission publishes two sets of policy and procedure manuals, commonly referred to as fee schedules, for the cost of providing medical care to injured workers. One schedule is for places, such as hospitals and outpatient facilities, where medical care is provided; the other is for the… 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
Should Your Business Have to Pay Workers’ Compensation Temporary Disability to an Employee Who Was Terminated for Cause?
Employers should be cautious when terminating an employee on light duty restrictions as the result of a work accident. Pursuant to Section 42-9-260, when an employee is out of work due to a reported work-related injury or occupational disease, the employee is entitled to temporary benefits. Disability, and thus entitlement to disability benefits, is the… Continue Reading
Sticks and Stones May Break Your Bones but Names Will Never. . .Settle Cases?
Since the mediation regulation passed, I have had the opportunity to act as mediator in many workers’ compensation cases. The skills of the attorneys on both sides in the S.C. Workers’ Compensation bar are truly humbling to encounter. I have heard countless openings by talented, zealous advocates on behalf of their clients. It occurred to me… 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
Exotic Dancer Entitled to Workers’ Comp After Being Shot in Club
Addressing an issue that is being litigated around the country, the South Carolina Supreme Court ruled this month that an exotic dancer was an employee of a gentlemen’s club and is therefore entitled to workers’ compensation benefits. Lewis v. L.B. Dynasty, — S.C. –, — S.E.2d –, No. 2012-213376, 2015 WL 1223710 (Mar. 18, 2015). Lewis danced… Continue Reading
Bus Driver’s Aneurysm Found Compensable
The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. Thomas v. 5 Star Transportation, Opinion No. 5298 (Ct. App. 2015). Compensability 5 Star employed George as a tour bus driver. On… Continue Reading
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