Roopra v. Spartanburg Auto., Inc., Appellate Case No. 2013-000312
Decision Date | 15 January 2014 |
Docket Number | Appellate Case No. 2013-000312,Unpublished Opinion No. 2014-UP-018 |
Court | South Carolina Court of Appeals |
Parties | Daljit Roopra, Respondent, v. Spartanburg Automotive, Inc., and Liberty Mutual Insurance Company, Appellants. |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Appeal From Spartanburg County
Roger L. Couch, Circuit Court Judge
AFFIRMED
O. Shayne Williams, of Turner Padget Graham & Laney, PA, of Greenville, and Carmelo Barone Sammataro, of Turner Padget Graham & Laney, PA, of Columbia, for Appellants.
Ben C. Harrison and Jeremy Andrew Dantin, both of Harrison White Smith & Coggins, PC, of Spartanburg, for Respondent.PER CURIAM: In this workers' compensation action, Spartanburg Automotive, Inc. and its carrier, Specialty Risk Services, Inc.1, appeal the Appellate Panel's disability ratings for Daljit Roopra's left shoulder and neck, arguing those ratings are excessive and fail to account for a prior disability award for a previous shoulder injury. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
1. As to whether the Appellate Panel erred in finding a disability rating of 39% to Roopra's shoulder and 4% to his neck because it gave little or no regard to his physicians' impairment ratings: Wise v. Wise, 394 S.C. 591, 597, 716 S.E.2d 117, 120 (Ct. App. 2011) (); Stone v. Traylor Bros., 360 S.C. 271, 274, 600 S.E.2d 551, 552 (Ct. App. 2004) ( ); Palmetto Alliance, Inc. v. S.C. Pub. Serv. Comm'n, 282 S.C. 430, 432, 319 S.E.2d 695, 696 (1984) (); Shealy v. Aiken Cnty., 341 S.C. 448, 455, 535 S.E.2d 438, 442 (2000) ( ); Hargrove v. Titan Textile Co., 360 S.C. 276, 290, 599 S.E.2d 604, 611 (Ct. App. 2004) ( ); Bass v. Kenco Grp., 366 S.C. 450, 458, 622 S.E.2d 577, 581 (Ct. App. 2005) (); Potter v. Spartanburg Sch. Dist. 7, 395 S.C. 17, 24, 716 S.E.2d 123, 127 (Ct. App. 2011) ( ; Fishburne v. ATI Sys. Int'l, 384 S.C. 76, 86, 681 S.E.2d 595, 600 (Ct. App. 2009) (); Sanders v. MeadWestvaco Corp., 371 S.C. 284, 291, 638 S.E.2d 66, 70 (Ct. App. 2006) ; Tiller v. Nat'l Health Care Ctr. of Sumter, 334 S.C. 333, 340, 513 S.E.2d 843, 846 (1999) (); id. ; id. (); id. (); Sanders, 371 S.C. at 292, 638 S.E.2d at 70 .
2. As to whether Roopra was required to demonstrate a loss of earning capacity because the shoulder was not a scheduled injury at the time he was injured: Stone v. Roadway Express, 367 S.C. 575, 582, 627 S.E.2d 695, 698 (2006) (); Wigfall v. Tideland Utils., Inc., 354 S.C. 100, 103, 580 S.E.2d 100, 101 (2003) ( ); Clark v. Aiken Cnty. Gov't, 366 S.C. 102, 108, 620 S.E.2d 99, 102 (Ct. App. 2005) (...
To continue reading
Request your trial