Canady v. Charleston County School Dist., 20046

Citation265 S.C. 21,216 S.E.2d 755
Decision Date24 June 1975
Docket NumberNo. 20046,20046
CourtUnited States State Supreme Court of South Carolina
PartiesWalter L. CANADY, Respondent, v. CHARLESTON COUNTY SCHOOL DISTRICT, and State Workmen's Compensation Fund, Appellants.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Hardwick Stuart, Jr., Columbia, for appellants.

Arnold S. Goodstein, Charleston, for respondent.

PER CURIAM:

This case is before us on appeal from the order of The Honorable J. A. Spruill, Jr., Presiding Judge of the Court of Common Pleas for Charleston County. We are of the opinion that his order properly sets forth and disposes of all the issues on appeal to this Court. Let his order be printed as the directive of this Court.

Affirmed.

ORDER OF JUDGE SPRUILL

This is an appeal from an award of the South Carolina Industrial Commission. The claimant was awarded temporary total disability compensation by Commissioner T. M. Nelson who found as a fact that the claimant overexerted himself in the performance of his duties thereby producing 'unusual strain' causing a heart attack, and that this attack arose out of and in the course of his employment as a janitor with the Charleston County School District. The Commissioner based his opinion on the testimony of two doctors and found that the heart attack of the claimant was induced by unexpected strain and overexertion in the performance of the duties of his employment. The testimony showed that, in addition to his normal janitorial duties, he had for some time preceding his attack been required to work two nights a week in connection with a night school being held at the public school building at which he was employed and likewise to climb stairs in connection with this extra duty.

The Full Commission, with one Commissioner dissenting, affirmed the opinion and the award of the Hearing Commissioner.

The general rule has been adopted in this State that a coronary attack suffered by an employee constitutes a compensable accident within the meaning of the Workmen's Compensation Act if it is induced by unexpected strain or overexertion in the performance of the duties of his employment, or by unusual and extraordinary conditions in the employment. Kearse v. South Carolina Wildlife Resources Department, 236 S.C. 540, 115 S.E.2d 183 (1960).

Counsel for the appellant insists that this Court is not bound by the factual finding of the Commission even though there is competent evidence to sustain it. Counsel would bring the instant case under the rule enunciated in White v. J. T. Strahan Company, 244 S.C. 120, 135 S.E.2d 720, where the following appears in the opinion of the Court 'Ordinarily, findings of fact by the Industrial Commission based upon competent evidence are conclusive on appeal but in determining whether or not the commission had jurisdiction of the claim presented, this Court is not bound by a finding of fact by the commission. This Court, and the Circuit Court, has both the power and duty to review the entire record and find therefrom the jurisdictional facts, without regard to the conclusion of the commission on such issue, and will decide the jurisdictional question in accord with the preponderance of the evidence.'

Counsel for the claimant insists that the Court is bound by the factual finding of the Commission in the instant case if there is competent evidence to support it. The writer agrees.

White was an unusual case in that the deceased had been killed by an accident while he was delivering logs to Brunson Lumber Company. The claim of his dependents was against the Strahan Company which was a dealer in pulpwood and the question was as to whether he could recover against that company and its compensation insurance carrier.

It appears to the writer that White is readily distinguishable and that the instant case is governed by Black v. Barnwell County, 243 S.C. 531, 134 S.E.2d 753, which was a claim for benefits due to death by heart attack allegedly induced by unusual exertions in the course of the employment of the deceased as sheriff and jailor of ...

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10 cases
  • Hernandez-Zuniga v. Tickle
    • United States
    • South Carolina Court of Appeals
    • June 14, 2007
    ...our review is not bound by the Commission's findings of fact on which jurisdiction is based. Canady v. Charleston County Sch. Dist., 265 S.C. 21, 25, 216 S.E.2d 755, 757 (1975). A reviewing court has both the power and duty to review the entire record, find jurisdictional facts without rega......
  • Gray v. Club Group, Ltd.
    • United States
    • South Carolina Court of Appeals
    • February 22, 2000
    ...with the preponderance of evidence when determining jurisdictional question in Workers' Compensation case); Canady v. Charleston County Sch. Dist., 265 S.C. 21, 216 S.E.2d 755 (1975) (in determining whether Commission had jurisdiction of claim presented, this Court is not bound by the findi......
  • Nelson v. Yellow Cab Co.
    • United States
    • South Carolina Court of Appeals
    • October 9, 2000
    ...with the preponderance of evidence when determining jurisdictional question in Workers' Compensation case); Canady v. Charleston County Sch. Dist., 265 S.C. 21, 216 S.E.2d 755 (1975)(in determining whether Commission had jurisdiction of claim presented, appellate court is not bound by findi......
  • Porter v. Labor Depot
    • United States
    • South Carolina Court of Appeals
    • March 5, 2007
    ...on the issue, and decide the jurisdictional question in accord with the preponderance of evidence. Canady v. Charleston County Sch. Dist., 265 S.C. 21, 25, 216 S.E.2d 755, 757 (1975); see also Kirksey v. Assurance Tire Co., 314 S.C. 43, 443 S.E.2d 803 (1994) (holding this court can find fac......
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