America is coffee addicted. That fact is plainly evident by the sheer numbers of food service establishments and other retailers selling and serving it. Of course, with more coffee being served, the greater the chances are for customer claims involving accidents, including alleged coffee burns. Within recent years, we have defended many such claims. We… Continue Reading
South Carolina Workers’ Compensation Commission to Reactivate Fines for Reports and Forms on May 1, 2020
As of May 1, 2020, the South Carolina Workers’ Compensation Commission will begin to issue fines for reports and forms not timely filed by their respective due date. The Commission briefly suspended issuing fines at the end of November 2019 during the implementation of KERMIT. Now is the time to review your South Carolina claims… Continue Reading
Limitations on Punitive Damages Limits
In a published 2-1 opinion, the South Carolina Court of Appeals recently held that where a national corporation failed to assert the punitive damages caps articulated in Section 15-32-530 as an affirmative defense, the defense was waived. As a result, the Court of Appeal upheld a 45:1 ratio punitive damages to compensatory damages award. In… Continue Reading
Workers’ Compensation Commission announces Maximum Compensation Rate for 2020
The South Carolina Workers’ Compensation Commission has confirmed the maximum compensation rate for injuries occurring in 2020 is $866.67, an increase of $20.93 compared to the 2019 rate. The minimum compensation rate remains $75.00 per statute. The 2020 medical/pharmacy mileage reimbursement rate has decreased to $0.575 per mile, a half penny decrease from the 2019… Continue Reading
Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment
Most personal injury actions in South Carolina sound in negligence. In a negligence action, the plaintiff must prove proximately-caused damages. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. Blanchard, 310 S.C. 375, 426 S.E.2d 802 (1993). Proximate cause requires proof of both causation in fact and legal cause. Oliver v.… Continue Reading
Pursuit of Summary Judgment in Vicarious Liability Claims Premised Upon Intentional Act of an Employee Criminal In Nature
Here’s the scenario: An employee commits an intentional act that is criminal in nature while on the clock. A third party is injured by this act. The employer is sued based on a theory of vicarious liability. The act was not in the course and scope of employment, nor was it done in furtherance of… Continue Reading
On Missing Insured in South Carolina
Attorneys here at Collins & Lacy act as defense counsel. That means we represent individuals and businesses who have been sued. More often than you may think, we have a hard time finding a person who is being sued. Last week, the South Carolina Bar’s Ethics Advisory Committee issued Ethics Advisory Opinion 2019 19-04, discussing an… Continue Reading
FDA approval could impact workers’ compensation: Generic form of Lyrica significantly reduces medical exposure
On July 22, 2019, the FDA announced approval for a generic version of Lyrica, a popular drug for nerve pain. The patent for Lyrica expired on June 19, 2019. Lyrica currently costs roughly $9 a pill, while the generic version costs about 57 cents per pill. This drastically reduces prescription medication exposure in workers’ compensation claims… Continue Reading
New S.C. Supreme Court Ruling Affects the Statute of Limitations for a Change of Condition and Allows the Commission to Unilaterally Schedule Hearings
Earlier this week the South Carolina Supreme Court affirmed the Court of Appeals decision in Tucker v. S.C. Dept. of Transportation, Opinion No. 27906 (July 24, 2019). Filing a Form 50, Notice of Claim, within the year after the last payment of compensation will preserve the Claimant’s right to assert a change of condition. The… Continue Reading
No “Free Bite” – South Carolina’s Strict Liability for Dog Bites and Attacks
Sometimes man’s best friend is not so friendly. Other times a dog may be overly friendly or playful and cause an injury by jumping or pouncing. In either case, the alleged victim is going to turn to South Carolina’s “dog attack” statute, codified in S.C. Code Ann. § 47-3-110, which provides, in part: If a… Continue Reading
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