Boitano v. PeopLease

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

John David Boitano,       
Respondent,

v.

PeopLease, as employer, and USF&G, as carrier,       
Appellant.

Appeal From Charleston County

A. Victor Rawl, Circuit Court Judge

Unpublished Opinion No. 2003-UP-614

Submitted August 20, 2003 – Filed October 21, 2003

AFFIRMED

C. Mac Gibson, Jr., of Washington, D.C., for Respondent.

Darryl D. Smalls, of Columbia, for Appellant.

PER CURIAM: The South Carolina Workers’
Compensation Commission found John David Boitano’s back, leg, and groin injuries
were compensable.  The commission’s decision was affirmed by the circuit court,
and Boitano’s employer, PeopLease, appeals.  We affirm
[1] pursuant to Rule 220, SCACR, and the following authorities:  S.C. Code
Ann. § 1-23-350 (1986) (final agency decisions must include findings of fact);
S.C. Code Ann. § 42-9-40 (1976) (listing five elements for proving claim for
hernia);  Adams v. Texfi Industries, 341 S.C. 401, 404, 535 S.E.2d 124,
125 (2000) (findings of an agency are not to be set aside if substantial evidence
supports the findings and they are free of legal error);  Brown v. R.L. Jordan
Oil Co., 291 S.C. 272, 275, 353 S.E.2d 280, 282 (1987) (stating injuries
arising from aggravation of preexisting conditions are compensable); Vulcan
Materials Co. v. Greenville County, 342 S.C. 480, 494, 536 S.E.2d 897, 899
(Ct. App. 2000) (“Generally, the format of a final decision is immaterial as
long as the substance of the decision is sufficiently detailed so as to allow
a reviewing court to determine if the decision is supported by the facts of
the case.”).

AFFIRMED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

[1]   We affirm this case without oral argument pursuant
to Rule 215, SCACR.