Workers' Compensation
News & Headlines
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.
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, upon filing of the appropriate paperwork, will officially be board certified as a circuit court mediator in South Carolina, under the new South Carolina court rules.
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Buster Holland has been selected for inclusion in the 2012 edition of The Best Lawyers in America
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Young Clement Rivers is a Platinum Sponsor of the 35th Annual Educational Conference on Workers' Compensation, on October 16 - 19, 2011, in Myrtle Beach. See you there!
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Effective 7/19/10, CMS will reference the Center for Disease Control's (CDC) 2006 U.S. Life Tables, Table 1, for workers' compensation MSA life expectancy calculations.
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View the new and improved S.C. Workers' Compensation Commission quarterly newsletter here!
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In Crisp v. SouthCo. Inc., the court held that substantial evidence supported the Commission’s finding that the claimant sustained a head injury resulting in cognitive disorders to his brain, but not a physical brain injury.
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In Murphy v. Owens Corning, the court affirmed the Commission’s finding that the claimant had proven an aggravation of a pre-existing injury, a repetitive trauma injury, and had provided timely notice of her claim.
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