On February 28, 2018, the South Carolina Supreme Court issued its opinion in Eades v. Palmetto Cardiovascular and Thoracics, P.A., et al, Opinion No. 27770. In the opinion, the Court addresses whether an affidavit filed with a Notice of Intent to File Suit (“NOI”) in a medical malpractice case satisfied the statutory requirements of South… Continue Reading
Legal Alert: A New Opinion in Clemmons v. Lowe’s Home Center and the Law of Unintended Consequences
The Supreme Court withdrew its opinion in Clemmons v. Lowe’s Home Center and replaced it with a new opinion. The Court removed the language regarding the fact that Clemmons was actually working at the time of the hearing and, therefore, was not totally disabled. The Court mandated the use of regional impairment ratings in awards… Continue Reading
Commission Adopts Administrative Order to Implement Electronic Payment of Compensation
At the June 19, 2017 Business Meeting of the Full South Carolina Workers’ Compensation Commission, the Commissioners adopted an administrative Order pending changes to the regulations of the Commission to implement the option of electronic payment of compensation to injured workers. Although Section 42-9-450 was adopted by the legislature and signed by Governor McMaster on… Continue Reading
Precious Cargo: Collins & Lacy Calls on Community to Donate Items for Foster Children
[COLUMBIA, S.C. May 2017] – May is National Foster Care Month. To promote awareness, Collins & Lacy, P.C. is again teaming up with the South Carolina Youth Advocate Program (SCYAP), a provider of foster care and community-based services, to host a statewide item collection drive for the organization’s Precious Cargo Program. The non-profit organization, is a… Continue Reading
Supreme Court Upends Back Ratings
The Supreme Court of South Carolina ruled claimant’s ability to hold gainful employment does not, alone, preclude a finding of total and permanent disability based on more than 50% to the back. Further, the Supreme Court decided that regional spine impairments were actually impairments to the “back” within the meaning of the Act. This is… Continue Reading
New Governor, New State Legislative Session, New Workers’ Compensation Laws?
The 122nd South Carolina General Assembly convened for its first regular session on January 10, 2017. There are a few bills proposed in the House and Senate regarding the South Carolina Workers’ Compensation Act. Some bills are similar to bills proposed in recent years that did not become law, and a few are new proposals.… Continue Reading
SPECIAL REPORT: Reservation of Rights
Insurer’s failure to advise policyholder of its interest in allocated damages results in coverage for general verdict. The South Carolina Supreme Court has concluded that: (1) an insurance company’s reservation of rights letter was insufficient and the insured had therefore waived its coverage defenses; (2) even if the reservation of rights had been effective, the… Continue Reading
Another Year, a Higher Maximum Compensation Rate
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
Employers May Now Be Responsible for Injuries Sustained on Public Roads
The South Carolina Supreme Court essentially abandoned 19 years of court precedence by finding the divided premises rule applies to injuries sustained while on a public street traveling from one employer-controlled location to another employer-controlled location. The state’s highest court, with all justices agreeing, overturned the single commissioner, full commission, and state Court of Appeals… Continue Reading
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
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