Johnson v. BMW

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.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Patricia D.
Johnson, Employee, Appellant,

v.

BMW Manufacturing
Corporation, LLC, Employer,

and Hartford
Insurance Company of the Midwest and Specialty Risk Services, Inc., Carrier, Respondents.

Appeal From the Appellate Panel

South Carolina Workers' Compensation
Commission

Unpublished Opinion No.  2011-UP-468

Heard October 5, 2011 – Filed October 21,
2011 

AFFIRMED

Albert V. Smith, of Spartanburg, for Appellant.

Vernon F. Dunbar, of Greenville, for Respondents.

PER CURIAM:  In this workers' compensation case,
Patricia D. Johnson argues the South Carolina Workers' Compensation Commission
(the Commission) erred in finding Johnson failed to satisfy the burden of
proving the occurrence of a compensable accident.  We find no error of law in
the Commission's decision to deny Johnson's claim and we find the decision to
be supported by substantial evidence of record; therefore, we affirm pursuant
to Rule 220(b)(1), SCACR, and the following authorities:  S.C. Code Ann. §
1-23-380(5)(d),(e) (Supp. 2010) (providingthis court may not substitute its judgment for that of the
Commission as to the weight of the evidence, but may reverse where the decision
is affected by an error of law or clearly erroneous in view of the reliable,
probative, and substantial evidence on the whole record); Hargrove v. Titan
Textile Co., 360 S.C. 276, 295, 599 S.E.2d 604, 614 (Ct. App. 2004)
("A determination of whether a claimant's condition was accelerated or
aggravated by an accidental injury is a factual matter for the [Commission]."); id. at 289, 599 S.E.2d at 611 ("Substantial evidence is not a mere scintilla of evidence, nor the evidence viewed blindly from
one side of the case, but is evidence which, considering the record as a whole,
would allow reasonable minds to reach the conclusion the administrative agency
reached in order to justify its action.").

AFFIRMED.

HUFF, PIEPER
and LOCKEMY, JJ., concur.