Case Law Updates

May 2007

Case Law Updates

May 2007

Click on the case names for more information.

Ronnie Ellison v. Frigidaire Home Products

The Supreme Court determined a Claimant may recover for greater disability than what was incurred from a single member injury so long as it combines with any pre-existing condition such that it would render the Claimant unable to return to work. There does not necessarily have to be a causal connection between the pre-existing condition and the resulting disability so long as together the "combined effect" creates total disability.

Doctor's Hospital of Augusta, L.L.C. v. CompTrust AGC Workers'
Compensation Trust Fund

The South Carolina Supreme Court held that the South Carolina Workers' Compensation Commission does not have jurisdiction over fee disputes between employers/carriers and out-of-state medical providers who perform services for a Claimant injured in a compensable South Carolina workers' compensation claim. When a workers' compensation claimant is treated by an out-of-state medical provider, the employer/carrier should obtain a written agreement with the medical provider as to how bills will be reviewed and payment made.

Reed-Richards v. Clemson University

The Court of Appeals held that a diagnosis of "incomplete paraplegia" is now considered to be within the meaning of "paraplegia" as the term is used in the SC Workers' Compensation Act, and a claimant who is diagnosed with "incomplete paraplegia" is entitled to lifetime benefits.

Hardee v. McDowell

S.C. Court of Appeals affirmed a decision that a Contractor must have a certificate of insurance from its Subcontractor for each job performed by the Subcontractor to ensure coverage.

Barton v. Higgs

S.C. Court of Appeals held that if a certificate of insurance, even if unsigned by the agent, is deemed to be a standard form acceptable by the Commission, it is acceptable for the Contractor to assume coverage existed in good faith, and transfer liability to the UEF for the Subcontractors carrier's failure to properly secure coverage.

Grant v. Grant Textiles

S.C. Supreme Court held that in certain circumstances, activities causing injury outside the course and scope of the employee's regular duties can be deemed a compensable injury.