On March 20, 2014, the Workers' Compensation Group presented an educational skit entitled “If I Only Had a Brain” during an inhouse client seminar. Issues relevant to brain damage claims were discussed in the context of a musical parody of “ The Wizard of Oz” which featured vocals by Leslie Whitten and Matt Riddle, and original lyrics and script penned by Robert Gruber. The seminar was well received and the Workers Compensation Practice Group has been booked for an encore presentation in August before the South Carolina chapter of PRIMA.
Wallace G. “Buster” Holland recently spoke to the Circuit Court Mediation Training School. This is the fourth consecutive time Buster has spoken to this group as guest lecturer; he spoke on mediation techniques as well as the new Workers’ Compensation regulation on mediations.
On October 25, Courtney Gruber, Robert Gruber, Matt Riddle, and Leslie Whitten presented “Lawyers, Liars and Liquor,” a mock workers’ compensation claim investigation and hearing, at the SCSBIT "Risky Business" Seminar in Myrtle Beach.
Wallace G. “Buster” Holland has been awarded the SC Workers’ Compensation Educational Association’s Lifetime Achievement Award for all of his contributions to the association, as well as to the entire Workers’ Compensation system in South Carolina. Congratulations to Buster for this wonderful and well deserved honor and for his many years of service.
In Landry v. Carolina Healthcare Sys, the SC Court of Appeals found that the claimant’s claim was barred because her injury to her feet was not an “accident” under Capers and Havird when she had been warned by her doctor that her bunion condition would worsen if she continued prolonged periods of standing.
In Holmes v. National Service Industries, Inc., the SC Supreme Court found that the claimant’s claim was barred by the statute of limitations in a repetitive trauma claim when the Full Commission had substantial evidence to support this finding, including evidence suggesting that the claimant knew by 1992 that her work environment was negatively affecting her health and that she felt well when she was not working.
In King v. Int’l Knife & Saw, Inc, the SC Court of Appeals found that the claimant was not barred by the notice defense in a repetitive trauma claim when he gave notice within 90 days of when he discovered or should have discovered that he qualified to receive benefits for medical care, treatment, or disability due to his condition; the onset of pain alone did not trigger a repetitive trauma claim.
The Centers for Medicare & Medicaid Services has announced that no MSA is required, and no CMS authorization is needed, when the treating doctor certifies that all treatment for the injury has been completed.
In Skinner v. Westinghouse Electric Corp., the SC Supreme Court found that a claimant with pulmonary diseases caused by the inhalation of asbestos dust could not recover for a scheduled disability under 42-9-30 and could only recover if he could prove wage loss or total disability, which he could not. The Supreme Court had denied the Petition for Rehearing, so this case will stand as reliable precedent.
In Pikaart v. A&A Taxi, Inc, the SC Supreme Court found that a claimant taxi driver was an employee of the taxi service when equally weighing the 4 control factors and that it was not bound by the Commission’s finding in this jurisdictional issue.
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