Tiller v. National Health Care Center
Decision Date | 08 March 1999 |
Docket Number | No. 24915.,24915. |
Citation | 334 S.C. 333,513 S.E.2d 843 |
Court | South Carolina Supreme Court |
Parties | Elizabeth H. TILLER, Respondent, v. NATIONAL HEALTH CARE CENTER OF SUMTER, Petitioner. |
John C. Land, III, and J. Calhoun Land, IV, of Land, Parker & Reaves, of Manning, for respondent.
George C. James, Jr., of Richardson & James, of Sumter, for petitioner.
In this workers' compensation case, a single commissioner of the South Carolina Workers' Compensation Commission (the Commission) concluded respondent had suffered a compensable back injury and awarded temporary total benefits plus medicals. The full Commission, the circuit court, and the Court of Appeals affirmed finding substantial evidence supported the award. Tiller v. National Health Care Center of Sumter, Op. No. 97-UP-343 (S.C.Ct.App. refiled Sept. 11, 1997). This Court granted National Health Care Center of Sumter's (National Health) petition to review the Court of Appeals' opinion. We affirm as modified.
Respondent, a registered nurse, worked at National Health. On December 18, 1994, respondent was dispensing medications to the residents of National Health. As she pushed the medication cart from a tile floor to a carpeted floor, the wheels unexpectedly jammed causing pain in respondent's lower back and right leg. Respondent finished working her shift; however, the next morning she was unable to get out of bed. Respondent made an appointment to see Dr. Davis.
X-rays of respondent's back and legs were taken on December 20, 1994. These films were essentially normal; however, they did reveal respondent's L5-S1 disc was severely deteriorated and there was a milder narrowing and spur formation at L3-L4. Because the pain persisted, respondent was referred to Dr. Gee, an orthopaedist. By February 8, 1995, X-ray films showed the intervertebral space at L3-L4 was essentially obliterated by what Dr. Gee diagnosed as discitis, a disc space infection caused by E. coli bacteria. Respondent was hospitalized for approximately one month. On March 13, 1995, Dr. Edwards, an orthopaedist, hospitalized respondent again and referred her to HealthSouth Rehabilitation Center for physical therapy and antibiotic treatment.
The single commissioner found in favor of respondent and awarded her temporary total weekly benefits. The commissioner found the jamming of the medicine cart wheels aggravated respondent's pre-existing condition of a degenerated disc at L5-S1. Further, the commissioner found the discitis at L3-L4, caused by either a stab wound or a urinary tract infection, was aggravated by the injury of December 18, 1994.
National Health appealed arguing respondent failed to prove her case by the preponderance of the evidence. The full Commission, the circuit court, and the Court of Appeals affirmed the single commissioner's decision.
Did the Court of Appeals fail to apply the correct standard of proof regarding the sufficiency of medical evidence in this medically complex workers' compensation case?
National Health argues in this medically complex case1 respondent failed to provide expert medical testimony about causation as required by Smith v. Michelin Tire Corp., 320 S.C. 296, 465 S.E.2d 96 (Ct.App.1995), and thus did not carry her burden of proof. Specifically, National Health argues respondent failed to establish with expert medical testimony, stated at least to a reasonable degree of medical certainty, that the discitis was present prior to her accident on December 18, 1994.2 We disagree.
This Court must affirm the findings of fact made by the Commission if they are supported by substantial evidence. Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981). Substantial evidence is not a mere scintilla of evidence, but evidence which, considering the record as a whole, would allow reasonable minds to reach the conclusion the agency reached. Grayson v. Carter Rhoad Furniture, 317 S.C. 306, 454 S.E.2d 320 (1995). Where there is a conflict in the evidence, either by different witnesses or in the testimony of the same witness, the findings of fact of the Commission are conclusive. Glover v. Columbia Hospital of Richland County, 236 S.C. 410, 114 S.E.2d 565 (1960). Indeed, the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's findings from being supported by substantial evidence. Moore v. City of Easley, 322 S.C. 455, 472 S.E.2d 626 (1996). An appellate court may not substitute its judgment for that of an agency as to the weight of the evidence on questions of fact unless the agency's findings are clearly erroneous in view of the reliable, probative, and substantial evidence on the record. Rodney v. Michelin Tire Corp., 320 S.C. 515, 466 S.E.2d 357 (1996). Workers' compensation awards must not be based on surmise, conjecture or speculation. Kennedy v. Williamsburg County, 242 S.C. 477, 131 S.E.2d 512 (1963).
In Smith, the Court of Appeals held "if the claimant is attempting to establish causation of a medically complex condition, however, expert testimony is required."3 Id. at 298, 465 S.E.2d at 97. Relying on Dr. Gee's February 1995 notes and Dr. Edwards' June 1995 letter, the Court of Appeals found respondent carried her burden of presenting expert medical testimony as to causation and affirmed the circuit court's order. Tiller, supra. Further, the Court of Appeals concluded the doctors' testimony, combined with other evidence, provided substantial evidence to support the award. Id.
The rule stated in Smith has some merit. In fact, this Court suggested a similar rule in dicta. See Lorick v. S.C. Elec. & Gas Co., 245 S.C. 513, 141 S.E.2d 662 (1965)
( ); Dennis v. Williams Furniture Corp., 243 S.C. 53, 132 S.E.2d 1 (1963).
However, our case law does not support application of this rule in workers' compensation cases. See Lorick, supra
( ); Dennis, supra ( ). Instead, the Commission is given discretion to weigh and consider all the evidence, both lay and expert, when deciding whether causation has been established. See Ballenger v. Southern Worsted Corp., 209 S.C. 463, 40 S.E.2d 681 (1946) ( ); Poston v. Southeastern Construction Co., 208 S.C. 35, 36 S.E.2d 858 (1946) ( ). Thus, while medical testimony is entitled to great respect, the fact finder may disregard it if there is other competent evidence in the record. Ballenger, supra. Indeed, "medical testimony should not be held conclusive irrespective of other evidence." Ballenger, 209 S.C. at 467, 40 S.E.2d at 682-83.
Expert medical testimony is designed to aid the Commission in coming to the correct conclusion; therefore, the Commission determines the weight and credit to be given to the expert testimony. Poston, supra; Hines v. Pacific Mills, 214 S.C. 125, 51 S.E.2d 383 (1949). Once admitted, expert testimony is to be considered just like any other testimony. Smith v. Southern Builders, 202 S.C. 88, 24 S.E.2d 109 (1943).
If a medical expert is unwilling to state with certainty a connection between an accident and an injury, the "expression of a cautious opinion" may support an award if there are facts outside the medical testimony that also support an award. Grice v. Dickerson, Inc., 241 S.C. 225, 127 S.E.2d 722 (1962) ( ); Brewer v. Charleston Shipbuilding & Drydock Co., 212 S.C. 43, 46 S.E.2d 173 (1948) ( ). Thus, if medical expert testimony is not solely relied upon to establish causation, the fact finder must look to the facts and circumstances of the case. Grice, supra.
Proof that a claimant sustained an injury may be established by circumstantial and direct evidence where circumstances lead an unprejudiced mind to reasonably infer the injury was caused by the accident. Grice, supra; Hewitt v. Cheraw Cotton Mills, 217 S.C. 90, 59 S.E.2d 712 (1950). However, such evidence need not reach such a degree of certainty as to exclude every reasonable or possible conclusion other than that reached by the Commission. Grice, supra.
Unlike the Court of Appeals, we decline to apply the standard set out in Smith. Instead, in deciding whether substantial evidence supports a finding of causation, we consider both the lay and expert evidence.
Dr. Edwards testified by deposition that although he could state with a reasonable degree of medical certainty that respondent had...
To continue reading
Request your trial-
Hall v. United Rentals, Inc.
...Panel." Martin v. Rapid Plumbing, 369 S.C. 278, 278, 631 S.E.2d 547, 553 (Ct.App. 2006) (citing Tiller v. Nat'l Health Care Ctr. of Sumter, 334 S.C. 333, 338, 513 S.E.2d 843, 845 (1999) (instructing that the Appellate Panel's findings of fact are conclusive as to conflicting evidence, wheth......
-
Houston v. Deloach & Deloach
...but must be founded on evidence of sufficient substance to afford a reasonable basis for it. Tiller v. Nat'l Health Care Ctr. of Sumter, 334 S.C. 333, 339, 513 S.E.2d 843, 845 (1999); Muir, 336 S.C. at 282, 519 S.E.2d at 591; Sharpe v. Case Produce Co., 329 S.C. 534, 543, 495 S.E.2d 790, 79......
-
Thompson ex rel. Harvey v. Cisson Const.
...but must be founded on evidence of sufficient substance to afford a reasonable basis for it. Tiller v. Nat'l Health Care Ctr. of Sumter, 334 S.C. 333, 339, 513 S.E.2d 843, 845 (1999); Muir, 336 S.C. at 282, 519 S.E.2d at 591; Sharpe v. Case Produce Co., 329 S.C. 534, 543, 495 S.E.2d 790, 79......
-
Moriarty v. Garden Sanctuary Church
...This Court has not distinguished between the two types of evidence in numerous cases. See, e.g., Tiller v. Nat'l Health Care Center of Sumter, 334 S.C. 333, 341, 513 S.E.2d 843, 846 (1999) (proof that workers' compensation claimant sustained an injury may be established by circumstantial or......