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
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
Kickball Game Organizer Covered When Injured During Game
In a 3-2 decision the Supreme Court reversed the Court of Appeals and the Workers’ Compensation Commission, finding an injury to the organizer of a company kickball game was compensable, although it may not have been for other employees, who merely played in the game. Whigham v. Jackson Dawson (Op. No. 27440 August 27, 2014).… Continue Reading
SC Supreme Court Recognizes the Dual Persona Doctrine
Post by Pete Dworjanyn For the first time, the South Carolina Supreme Court has recognized the Dual Persona Doctrine as a limited exception to the exclusivity provision of the S.C. Workers’ Compensation Act. In Mendenall v. Anderson Hardwood Floors, and Shaw Industries (Op. No. 27219, Feb 13, 2013), the Supreme Court answered in the affirmative… Continue Reading
S.C. Supreme Court Case Reversal
Sandra Bartley v. AllendaleCountySchool District, Employer, and South Carolina School Board Insurance Trust, Carrier, Respondents Hearing Date – March 1, 2011 Filed April 11, 2011 A recent South Carolina Supreme Court case has emphasized the need for carriers, employers and their respective counsel to be vigilant in examining claims involving aggravation of a preexisting condition… Continue Reading