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June 2020 Blog

  • Whatever Happened to Judicial Authority and Subpoena Power in the Age of COVID?

    SC Code 42-3-150 defines the manner in which attendance of witnesses may be compelled.  The hearing commission has the authority to issue a subpoena to compel the attendance of witnesses.  “Any person who shall without just cause fail or refuse to testify….if it is in his power to do so in accordance with a subpoena…

    Posted 6/30/2020
  • Homework Hurts

    Earlier this week, NPR aired a report entitled “Get a comfortable chair: Permanent work from home is coming.”   The reporter and her guests discussed the cost savings for businesses and the less stressful environment for at home workers.   NPR also had on hand a psychologist to discuss the potential downsides of stay-at-home work, including sense…

    Posted 6/24/2020
  • Burden of Proof for Aggravation of Pre-Existing Condition

    In an opinion filed May 13, 2020, the Court of Appeals addressed the claimant’s burden of proof regarding aggravation of a pre-existing condition pursuant to S.C. Code Section 42-9-35. In Chisolm Frampton v. South Carolina Department of Natural Resources, the Single Commissioner found the claimant failed to meet his burden of proof under S. C….

    Posted 6/1/2020