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
2017 Kids Chance Gala Review
The annual Kids Chance Gala was held Saturday, February 18th at the Marriott Hotel in downtown Columbia. The event was well attended, and the DJ kept the party going while having dinner! MC Derrick Williams held a live auction with the goal of raising enough money to fund one scholarship by Gala attendees’ donations alone… Continue Reading
Affairs of the Heart
Except for those who practice family law, it’s not often that love and the law intermixes for attorneys. One attorney provides a cautionary tale of when affairs of the heart can lead to dire consequences. In In re Hawkins, an attorney accepted an employment offer to be general counsel from the owner of a company,… 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
Collins & Lacy, P.C. Grows with the Addition of Two Attorneys
[COLUMBIA, S.C. – November 16, 2016] – Collins & Lacy, P.C. is pleased to announce the expansion of the firm with the addition of two attorneys, Stephanie L. Mascella and Jennifer B. Honeycutt. Mascella is an associate practicing in the areas of retail & hospitality law, professional liability, and transportation & trucking law in Collins… Continue Reading
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