NC Workers' Comp Helpful Hints Sheet
In This Issue
Case Law Update: Substantial Evidence Requirement
The Diamond Spotlight
Important W/C Notes
GWB Accomplishments
Dates to Remember
Workers' Compensation Group Attorneys
Mills Gallivan
Shareholder
Debbie Brown
Shareholder
Michelle Yarbrough Partner/Group Leader
Cory Ezzell
Shareholder
Will Harbison
Partner
Jared Simms
Partner
Jared Pretulak
Associate
Rocky Rogers
Associate
Amber Dorrell
Associate
Brittany Lozanne
Associate
Leigha Sink
Associate
Amity Edmonds
Associate
Catherine Hallman
Associate
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Case Law Update: Substantial Evidence Requirement -
Refuting Claimant's Medical Evidence
Authors: Jared Pretulak, Rocky Rogers & Amity Edmonds
Recently, the South Carolina Court of Appeals interpreted the "substantial evidence" standard as it relates to whether the Commission is required to give conclusive effect to expert/medical opinions.Burnette v. City of Greenville, No. 5059, 2012 WL 6028904 (S.C. Ct. App. Dec. 5, 2012). In Burnette, the claimant's attorney submitted a medical questionnaire which stated the claimant's pre-existing back condition had been aggravated as a result of her work accident. Instead of deposing the medical expert or providing contradictory medical expert evidence, the defendants relied on isolated medical records to support their argument that the claimant's pre-existing condition had not been aggravated. Essentially, there was no evidence in the record challenging the conclusions of the medical experts. The Hearing Commissioner and Appellate Panel denied compensation for the claimant's alleged back injury.
The South Carolina Court of Appeals reversed the Order of the circuit court affirming the decision of the Appellate Panel, holding that the record provided "little or no support for the findings of the Commission." In so holding, the court noted that the Commissioner's finding regarding the significance of medical evidence (an MRI) was "particularly disturbing" because the opinion did not originate from a medical provider, but was simply the Hearing Commissioner's opinion based upon her interpretation of the medical evidence. The South Carolina Court of Appeals remanded the case to the Commission with specific instructions to reconsider the issues and enter findings of fact concerning compensability of the lumbar spine that are supported by substantial evidence in the record.
Practical Implications of Burnette:
- Based upon this recent decision, to satisfy the "substantial evidence" standard it would appear Defendants have an affirmative obligation to address evidence submitted by the claimant, especially when such evidence comes from a medical expert.
- Accordingly, Defendants should either (1) depose the claimant's medical expert, or (2) obtain an Independent Medical Exam, to ensure substantial evidence exists to support the Defendants' position. Failure to do so may negatively affect the outcome of the case.
The Diamond Spotlight
Cory
Ezzell
Shareholder
T. Cory Ezzell has been elected to become a shareholder with the firm. Since joining GWB as an associate in 2006, Ezzell has served as a member of the firm's Workplace Practices Group. His practice focuses on the defense of employment and workers' compensation matters on behalf of employers, insurance carriers, self-insured corporations, third party administrators, and claims servicing agencies. Ezzell leads GWB's Medicare Set-Aside team and offers extensive experience in working with MSA providers to resolve complex workers' compensation matters.
Jared
Simms
Partner
J. Jared Simms has been elected to become a partner in the firm's Charlotte, North Carolina office.Simms' practice focuses on the defense of employment and workers' compensation matters on behalf of employers, insurance carriers, self-insured corporations, third party administrators, and claims servicing agencies. Simms joined GWB as an associate in 2011 and has served as a member of the firm's Workplace Practices Group. He now leads the firm's North Carolina workers' compensation practice.
Catherine Hallman Associate
Catherine Hallman has joined the firm's Charlotte office as an associate on its workers' compensation team. Hallman earned her Juris Doctor from the Elon University School of Law. Prior to law school, Hallman worked as a licensed North Carolina and South Carolina workers' compensation adjuster for a major insurance carrier. Her experience provides Hallman with a unique perspective and understanding of workers' compensation law.
Important W/C Notes
- The 2013 maximum weekly compensation rate for South Carolina is $743.72. This rate took effect for injuries on or after January 1, 2013.
- The 2013 maximum weekly compensation rate for North Carolina is $884.00. This rate also took effect for injuries on or after January 1, 2013.
- Effective January 1, 2013, the new mileage reimbursement rate in South Carolina is 56.5 cents per mile. Regulation 67-1601 A (1) provides the expenses incurred for travel to receive medical attention which shall be reimbursed to the claimant are mileage to and from a place of medical attention which is more than five miles away from home.
GWB Accomplishments
- GWB's Columbia Office Ranked a Tier 1 Workers' Compensation Law Firm by U.S. News and Best Lawyers
- Mills Gallivan Named Greenville Workers' Compensation Lawyer of the Year by Best Lawyers
- Twenty-One Gallivan, White & Boyd, P.A. Attorneys Named to Best Lawyers in America
Dates to Remember
- February 8th, 2013 from 5:00 pm until 8:00 pm:Kids' Chance of South Carolina BBQ and Bluegrass at Fluor Daniel, Greenville, SC
- For more information or tickets, contact Amity Edmonds at or 864-271-5383
- February 8th - 9th:NC Workers' Compensation Annual Meeting, Grandover Resort, Greensboro, NC
- For more information:
- February 24th - 26th:SCWCEA 34th Annual Medical Seminar, Francis Marion Hotel, Charleston, SC
- For more information:
- October 20th - 23rd:SCWCEA 37th Annual Educational Conference on Workers' Compensation, Marriot Myrtle Beach Resort & Spa at Grande Dunes, Myrtle Beach, SC
- For more information:
Gallivan, White & Boyd, P.A. - Attorneys at Law
Columbia, SC ~ Greenville, SC ~ Charlotte, NC
(803) 779-1833 ~ (864) 271-9580 ~ (704) 552-1712