Henderson v. West Point Pepperell, Inc.
| Decision Date | 07 June 1983 |
| Docket Number | No. 21935,21935 |
| Citation | 303 S.E.2d 859,279 S.C. 171 |
| Court | South Carolina Supreme Court |
| Parties | A.J. HENDERSON, Respondent, v. WEST POINT PEPPERELL, INC., Appellant. |
H. Grady Kirven, of Watkins, Vandiver, Kirven, Gable & Gray, Anderson, for appellant.
Richard S. Vaughan, Jr., Anderson, for respondent.
Appellant alleges the circuit court erred in affirming an award by the Industrial Commission. We disagree and affirm.
This workers' compensation case arises out of an accident which occurred on January 11, 1977 in which respondent injured his back while working for appellant. Respondent's physician diagnosed a ruptured disc but initially decided to treat him conservatively in order to avoid surgery. Appellant admitted respondent's claim and paid him temporary total benefits from January 13, 1977 until March 28, 1977 when he returned to work. On August 6, 1977 appellant terminated respondent for excessive absenteeism. He attempted to work for two other employers but was unable to continue employment for any length of time due to his injury. In June 1978 respondent's physicians surgically removed the disc. On July 28, 1978, respondent filed a claim with the Industrial Commission for compensation for permanent disability.
Appellant contends that the claim is barred by the time limit set in the change of condition statute, S.C.Code Ann. § 42- 17-90 (1976). The statute provides for commission review within twelve months from the date of the last payment of compensation.
The circuit court affirmed an award by the full commission and the individual commissioner. The court held that the one year statute of limitations for change of condition did not apply to respondent but that the two year period for filing workers' compensation claims found in S.C.Code Ann. § 42-15-50 (1976) applies. We agree.
On appeal, this Court must affirm an award by the Industrial Commission, in which the circuit court concurred, if substantial evidence supports the findings. Lark v. Bi-Lo, Inc., et al., 276 S.C. 130, 276 S.E.2d 304 (1981); McMillan v. Huntington & Guerry Electric Co., et al., 277 S.C. 552, 290 S.E.2d 810 (1982).
Our review of the record indicates that ample evidence supports the Industrial Commission's finding that this is not a change of condition case. Respondent's disc problem developed at the 1977 accident. His subsequent claim for additional compensation filed after the surgery was merely part of his initial claim for compensation. To...
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...the claim was established and the statute of limitations could no longer pose a bar. Bob Bennett argues Henderson v. West Point Pepperell, Inc., 279 S.C. 171, 303 S.E.2d 859 (1983), controls in statute of limitations cases where a Workers' Compensation claimant signs a Form 17 and returns t......
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Carter v. South Carolina Coastal Council
...276 S.E.2d 304, 306 (1981); accord, Schudel v. S.C. ABC Commission, 276 S.C. 138, 276 S.E.2d 308 (1981); Henderson v. West Point Pepperell, Inc., 279 S.C. 171, 303 S.E.2d 859 (1983). "It must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusio......
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...if substantial evidence supports the findings. Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981); Henderson v. West Point Pepperell, Inc., 279 S.C. 171, 303 S.E.2d 859 (1983). We recognize that the evidence revealed that the appellant had smoked cigarettes for years and that smoking ......