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  • 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.

  • In three recent cases, Wallace G. (Buster) Holland procured large recoveries ($100K+) for clients for their liens in third party matters, including a claim where the client was refunded for all funds paid on the claim when the recoveries were combined with Second Injury Fund reimbursements. In each case, Buster was able to close out lifetime medical cases without ever going to the expense of a hearing. To hear details on the importance keeping defense counsel active in these cases as well as how to structure recovery to avoid future hearing costs, contact Buster or attend one of our seminars.

  • Wallace G. (Buster) Holland, who has served as an effective mediator for many years, attended mediation training from May 23, 2011 through May 27, 2011 and is now officially certified as a circuit court mediator in South Carolina, under the new South Carolina court rules.

  • Matthew O. Riddle’s article “Notice and Statute of Limitations Issues in Repetitive Trauma Cases” was published in the May 2011 issue of the South Carolina Lawyer magazine.

  • 2012 SC Workers' Compensation Fundamentals

  • SC Workers’ Compensation Commission has announced a maximum compensation rate of $704.92, effective January 1, 2011.