Etheredge v. Monsanto Co., 3470.
Decision Date | 01 April 2002 |
Docket Number | No. 3470.,3470. |
Citation | 562 S.E.2d 679,349 S.C. 451 |
Court | South Carolina Court of Appeals |
Parties | Sandra G. ETHEREDGE, Employee, Appellant, v. MONSANTO COMPANY, Employer, and Pacific Employers Insurance Co. n/k/a Cigna Property & Casualty Co., Respondents. |
Hardwick Stuart, Jr., of Berry, Quackenbush & Stuart, of Columbia, for appellant.
H. Mills Gallivan and Deborah Casey Brown, both of Gallivan, White & Boyd, of Greenville, for respondents.
In this workers' compensation case, claimant Sandra Etheredge appeals the Circuit Court's denial of her claim for benefits. Etheredge argues the Circuit Court erred in finding she did not provide her employer with timely notice of her injury pursuant to S.C.Code Ann. § 42-15-20. We reverse.
Etheredge began working with Monsanto Company/Solutia ("Solutia") in 1996 as a draw/twist operator. In 1997, she was reassigned as a draw/wind operator, where she worked for the remainder of her employment with Solutia and where she contends her medical problems started.
On August 4, 1998, Etheredge saw her family physician, Dr. Deborah Grate, with complaints of chest pain. In her records, Dr. Grate noted "[Etheredge] has been having this problem off and on for approximately the p[ast] year since the beginning of the job." Etheredge again visited Dr. Grate on August 18, 1998. On that date, Dr. Grate prepared the following statement addressed to Etheredge's supervisor:
Ms. Sandra Etheredge has acute muscles [sic] strain and spasms of her neck and shoulder muscles. Having to do overhead work aggrevates [sic] her problems because these are the muscles groups that are used. She may return to work doing a job which does not require her to raise arm [sic] above the level of her shoulders. She has been referred to physical therapy.
Tracy Williamson, a Solutia nurse, testified the normal procedure for an injured employee regarding forwarding medical information to Solutia about injuries was to give the information directly to a company nurse, put it in one of the company's drop boxes, or fax it to a specially designated facsimile machine. It was a practice of Solutia to accept faxes from doctors' offices and that is what Solutia instructed its employees to have arranged. Williamson received Dr. Grate's letter via facsimile on August 19, 1998. She testified
The Workers' Compensation Commissioner found Etheredge sustained a compensable injury by accident arising out of and in the course of her employment. The Commissioner further determined "[n]otice was given within ninety (90) days as required by statute when the Employer on August 19, 1998 received Dr. Grate's letter of August 18, 1998, which indicated that the work was, at the least, aggravating the neck and shoulder muscles." The Appellate Panel of the Workers' Compensation Commission affirmed the decision of the Single Commissioner. On appeal, the Circuit Court affirmed the Appellate Panel's finding Etheredge had sustained an injury by accident arising out of and in the course of her employment, but reversed the Panel's findings that Etheredge had provided timely notice to her employer as required by statute. Etheredge appeals. We reverse.
440 S.E.2d at 403; see also Stokes v. First Natl Bank, 306 S.C. 46, 410 S.E.2d 248 (1991) ( ).
The findings of the Commission are presumed correct and will be set aside only if unsupported by substantial evidence. Hicks v. Piedmont Cold Storage, Inc., 335 S.C. 46, 515 S.E.2d 532 (1999); Medlin v. Upstate Plaster Serv., 329 S.C. 92, 495 S.E.2d 447 (1998); Rodney v. Michelin Tire Corp., 320 S.C. 515, 466 S.E.2d 357 (1996); see also Baggott v. Southern Music, Inc., 330 S.C. 1, 496 S.E.2d 852 (1998)
( ); Smith v. Squires Timber Co., 311 S.C. 321, 428 S.E.2d 878 (1993) ( ). It is not within this Court's province to reverse findings of the Commission that are supported by the evidence. Hunter v. Patrick Constr. Co., 289 S.C. 46, 344 S.E.2d 613 (1986); see also Muir v. C.R. Bard, Inc., 336 S.C. 266, 519 S.E.2d 583 (Ct.App.1999) ( ). The appellate court is prohibited from overturning findings of fact of the Commission, unless there is no reasonable probability the facts could be as related by the witness upon whose testimony the finding was based. Cline v. Nosredna Corp., 291 S.C. 75, 352 S.E.2d 291 (Ct.App.1986); Lowe v. Am—Can Transport Servs., 283 S.C. 534, 324 S.E.2d 87 (Ct.App.1984).
513 S.E.2d at 845. A court may reverse or modify the Commission's decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are affected by other error of law. Stephen v. Avins Constr. Co., 324 S.C. 334, 478 S.E.2d 74 (Ct.App.1996); S.C.Code Ann. § 1-23-380(A)(6)(d) (Supp.2001).
Etheredge argues the Circuit Court erred in finding Dr. Grate's letter did not provide timely notice to her employer of her workers' compensation claim. We agree. This Court finds Dr. Grate's note, combined with the other facts and circumstances surrounding the situation, gave Solutia the required statutory notice.
The statutory notice requirements are provided in § 42-15-20 as follows:
Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a notice of the accident and the employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this Title prior to the giving of such notice, unless it can be shown that the employer, his agent or representative, had knowledge of the accident or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity or the fraud or deceit of some third person. No compensation shall be payable unless such notice is given within ninety days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Commission for not giving such notice and the Commission is satisfied that the employer has not been prejudiced thereby.
For adequate notice, there must be "some knowledge of accompanying facts connecting the injury or illness with the employment, and indicating to a reasonably conscientious manager that the case might involve a potential...
To continue reading
Request your trial-
Bass v. Isochem, 3996.
...357 S.C. 619, 594 S.E.2d 272 (2004); Jones v. Georgia-Pacific Corp., 355 S.C. 413, 586 S.E.2d 111 (2003); Etheredge v. Monsanto Co., 349 S.C. 451, 562 S.E.2d 679 (Ct.App.2002); Broughton v. South of the Border, 336 S.C. 488, 520 S.E.2d 634 (Ct.App.1999). The Appellate Panel is the ultimate ......
-
Hall v. United Rentals, Inc.
...Appellate Panel are conclusive. Brown v. Greenwood Mills, Inc., 366 S.C. 379, 622 S.E.2d 546 (Ct.App.2005); Etheredge v. Monsanto Co., 349 S.C. 451, 562 S.E.2d 679 (Ct. App.2002); see also Mullinax v. Winn-Dixie Stores, Inc., 318 S.C. 431, 435, 458 S.E.2d 76, 78 (Ct.App.1995) ("Where the me......
-
Hall v. Desert Aire, Inc.
...are conclusive. Brown v. Greenwood Mills, Inc., 366 S.C. 379, 393, 622 S.E.2d 546, 554 (Ct. App.2005); Etheredge v. Monsanto Co., 349 S.C. 451, 455, 562 S.E.2d 679, 681 (Ct.App. 2002); see also Mullinax v. Winn-Dixie Stores, Inc., 318 S.C. 431, 435, 458 S.E.2d 76, 78 (Ct.App.1995) ("Where t......
-
Houston v. Deloach & Deloach
...over a factual issue, the findings of the appellate panel are conclusive. Brown, 366 S.C. at 393, 622 S.E.2d at 554; Etheredge, 349 S.C. at 455, 562 S.E.2d at 681; see also Mullinax v. Winn-Dixie Stores, Inc., 318 S.C. 431, 435, 458 S.E.2d 76, 78 (Ct.App.1995) ("Where the medical evidence c......