 |
| Post by Managing Partner Ellen Adams |
It appears January is the month of lists…the top 10 songs of the year, the top 10 books of the year, the top 10 movies. You get the idea. Not to be outdone by Newsweek, Time or other print media, I present to you the Collins & Lacy, P.C. top 10 workers’ compensation decisions in 2011 – presented in no particular order. Enjoy.
- Skinner v. Westinghouse Electric Corp., September 2011 – Without wage loss, you may not recover permanency under the occupational disease statute for a pulmonary condition.
- Potter v. Spartanburg School Dist. 7, September 2011 – The Commission’s determination that Randy Waid, Ph.D. is not qualified to render an expert opinion on physical brain injury was upheld.
- Langdale v. Harris Carpets, July 2011 – Withholding of workers’ compensation premiums for an independent contractor by an employer may bind a carrier to coverage.
- Allison v. W.L. Gore & Associates, August 2011 – The 14 day time period to seek review of the full Commission Order is jurisdictional.
- Wise v. Richard Wise d/b/a Wise Services, August 2011 – A claimant cannot recover against an employer in both a workers’ compensation action and a civil action. Claimant is barred under the Act from recovering in workers’ compensation if he already recovered from his tort action.
- Tims v. JD Kitts Construction, June 2011 – The carrier is responsible for all foreseeable consequences including heat stroke when claimant’s caregiver left him unattended in a car.
- Martinez v. Spartanburg County, June 2011 – In mental/mental cases, the Commission should look at what is typical for the job being performed by the Claimant to determine if the unusual and extraordinary condition is met, not whether the particular Claimant had ever encountered the event before.
- Murphy v. Owens Corning, March 2011 – Affirmation of a full Commission determination that claimant provided proper notice of her repetitive injury many years following its onset when she reported the injury only after her neurologist causally related her condition to her work activities.
- Rabon v. Arrow Exterminating, July 2011 – Although an employee who makes a false statement in his job application regarding his physical condition may be barred from recovery, there is no affirmative duty on the part of an employee to disclose prior injuries.
- Michau v. Georgetown County, November 2011 – In repetitive trauma cases, medical opinions regarding causation must expressly be stated to a reasonable degree of medical certainty, most probably to meet the requirements of the repetitive trauma statute.
If you have any questions about any of these cases or how to apply them, you can contact any member of the Collins & Lacy Workers’ Compensation Team.
