Workers’ Compensation

Workers' Compensation News

  • The Workers Compensation Practice Group is pleased to announce that F. Drake Rogers III has taken over as its Practice Group Chair. Wallace G. (Buster) Holland, who built and nurtured the group and has served YCR for 40 years, has passed along the reins of leadership to Drake. Buster will continue as an active member of the Practice Group and looks forward to increasing his work as a Circuit Court Certified Mediator for Workers Compensation cases across the state of South Carolina.
  • The SC Workers' Compensation Commission has made two significant announcements. First, Gene McCaskill has been appointed as the newest Workers' Compensation Commissioner, and second, the maximum compensation rate for 2012 is $725.47.
  • Wallace G. (Buster) Holland is serving on the South Carolina Workers' Compensation Commission's task committee to help promulgate regulations regarding mandatory mediations in South Carolina Workers' Compensation claims.
  • In Landry v. Carolina Healthcare Sys, the SC Court of Appeals found that the claimant's claim was barred because her injury to her feet was not an "accident" under Capers and Havird when she had been warned by her doctor that her bunion condition would worsen if she continued prolonged periods of standing.
  • In Holmes v. National Service Industries, Inc., the SC Supreme Court found that the claimant's claim was barred by the statute of limitations in a repetitive trauma claim when the Full Commission had substantial evidence to support this finding, including evidence suggesting that the claimant knew by 1992 that her work environment was negatively affecting her health and that she felt well when she was not working.
  • In King v. Int'l Knife & Saw, Inc, the SC Court of Appeals found that the claimant was not barred by the notice defense in a repetitive trauma claim when he gave notice within 90 days of when he discovered or should have discovered that he qualified to receive benefits for medical care, treatment, or disability due to his condition; the onset of pain alone did not trigger a repetitive trauma claim.
  • The Centers for Medicare & Medicaid Services has announced that no MSA is required, and no CMS authorization is needed, when the treating doctor certifies that all treatment for the injury has been completed.
  • In Skinner v. Westinghouse Electric Corp., the SC Supreme Court found that a claimant with pulmonary diseases caused by the inhalation of asbestos dust could not recover for a scheduled disability under 42-9-30 and could only recover if he could prove wage loss or total disability, which he could not. The Supreme Court had denied the Petition for Rehearing, so this case will stand as reliable precedent.
  • In Pikaart v. A&A Taxi, Inc, the SC Supreme Court found that a claimant taxi driver was an employee of the taxi service when equally weighing the 4 control factors and that it was not bound by the Commission’s finding in this jurisdictional issue.
  • In three recent cases, Wallace G. (Buster) Holland procured large recoveries ($100K+) for clients for their liens in third party matters, including a claim where the client was refunded for all funds paid on the claim when the recoveries were combined with Second Injury Fund reimbursements. In each case, Buster was able to close out lifetime medical cases without ever going to the expense of a hearing. To hear details on the importance keeping defense counsel active in these cases as well as how to structure recovery to avoid future hearing costs, contact Buster or attend one of our seminars.
  • Wallace G. (Buster) Holland, who has served as an effective mediator for many years, attended mediation training from May 23, 2011 through May 27, 2011 and is now officially certified as a circuit court mediator in South Carolina, under the new South Carolina court rules.
  • Matthew O. Riddle and Leslie M. Whitten's article "Notice and Statute of Limitations Issues in Repetitive Trauma Cases" was published in the May 2011 issue of the South Carolina Lawyer magazine.
  • 2011 SC Workers' Compensation Fundamentals
  • Amended workers’ compensation regulations went into effect on January 13, 2010. See the amendments here, or contact us to determine how these regulations affect the employer/carrier’s handling of workers’ compensation claims.
  • SC Workers' Compensation Commission has announced a maximum compensation rate of $704.92, effective January 1, 2011.
  • SC Comptroller General announces decreased mileage rate applicable to workers’ compensation claims as of January 1, 2010.
  • The South Carolina Court of Appeals recently held that workers' compensation insurance policy lapse notices must contain the specific dates of lapse. Otherwise, reinstatements of coverage after a lapse will be considered to have been completely restored with no lapse in coverage. To read the full opinion, click here.
  • Case Study: Fraud and misrepresentation on the employment application as a grounds for defense to a workers' compensation claim

Seasoned, focused South Carolina attorneys

The Workers' Compensation Practice Group at Young Clement Rivers, LLP serves employers, self-insured employers, and insurance carriers in the handling of their workers' compensation claims. The firm’s decades of client advocacy handling some of the most prominent workers’ compensation cases in the state, has earned the group a solid reputation before the South Carolina Workers' Compensation Commission, the various medical communities in South Carolina, and the group's attorney colleagues in both the plaintiffs’ and defense bar.

The group’s lawyers and extensive support staff collaborate to provide top quality legal services to clients in matters involving:

  • State workers’ compensation claims
  • Second injury fund claims
  • Fraud
  • Contribution
  • Third party lien issues
  • Mediation
  • Appeals

The group’s attorneys are dedicated to keeping themselves and their clients informed and educated and frequently give presentations and in-house seminars to local employers and organizations on workers' compensation issues. The group is active in the ALFA International Workers’ Compensation Practice Group, providing a network and opportunity to discuss important issues with workers’ compensation attorneys and employer representatives from around the country. Group members are also very active in the South Carolina Workers’ Compensation Educational Association, the South Carolina Self-Insurers Association and many other organizations.

Understanding Specific Business Needs to Help Clients Succeed

The group has extensive experience representing employers of all sizes, both through their insurance carriers and direct representation of self-insured employers, including large hospital systems, school districts, and industrial facilities.

Young Clement Rivers, LLP’s attorneys take a global approach to workers’ compensation representation and are careful to make sure they understand and have considered all relevant factors in order to coordinate employer goals and business concerns with efficient claim resolution.

The group’s attorneys are committed to forming long-term, productive relationships with clients, and often consult clients on employment policies and other matters with the goal of minimizing future claims.

Complex and Multi-Party Litigation

The group has particular experience defending complex, multi-litigant workers’ compensation matters, including those involving:

  • Asbestosis
  • Hearing loss
  • Inhalation
  • Toxic exposure
  • Occupational disease
  • Repetitive trauma/cumulative trauma claims

The group has the specific institutional knowledge, staff, and resources to effectively handle this type of large-scale litigation.

Alternative dispute resolution

The group’s attorneys are well versed in alternative methods of dispute resolution (ADR). While mediation is not yet mandatory in the workers’ compensation field, this efficient, cost-effective method of resolving claims has gained increased acceptance by the Claimants’ Bar Association, the Defense Bar and the Workers’ Compensation Commission. Young Clement Rivers, LLC’s leadership in this area is demonstrated by the fact that several of the firm’s attorneys serve regularly as mediators resolving workers compensation cases.

Useful tools and resources

As a service to the firm’s clients, the Workers Compensation Group offers the following tools and resources:

Practice group attorneys

Contact Young Clement Rivers, LLP

To talk to one of Young Clement Rivers, LLP’s seasoned South Carolina advocates call 843-577-4000 or contact the firm online