CourtListener 10136792•SC Second Injury Fund v. Liberty Mutual
Texte intégral
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The South Carolina Second Injury Fund,
Appellant
v.
Liberty Mutual Insurance Company,
Respondent.
In Re:/Elmer F. Stewart,
Claimant
v.
Bowater Incorporated,
Employer.
Appeal From York County
John C. Hayes, III, Circuit Court Judge
Unpublished Opinion No. 2003-UP-052
Submitted November 20, 2002 Filed
January 16, 2003
AFFIRMED
Brooks Shealy, of Columbia; for Appellant.
Pope D. Johnson, of Columbia; for Respondent.
PER CURIAM: Employer brought suit seeking
reimbursement from the South Carolina Second Injury Fund for payment made to
Elmer Stewart under a clincher agreement. The single commissioner ordered the
fund to pay part of the costs, and the full commission and circuit court both
affirmed. The fund appeals, arguing there could have been no aggravation of
the preexisting condition by the present injury.
We affirm pursuant to Rule 220(b)(2),
SCACR and the following authorities: S.C. Code Ann. § 1-23-380(A)(6) (Supp.
2001) (substantial evidence standard); Lark v. Bi-Lo, 276 S.C. 130, 276
S.E.2d 304 (1981) (substantial evidence standard set forth in Administrative
Procedures Act governs appeals from Workers Compensation Commission); Tiller
v. Natl Health Care Ctr., 334 S.C. 333, 339-341, 513 S.E.2d 843, 846 (1999)
(Commission can review both lay and expert evidence and assign such weight as
it finds credible.); S.C. Code Ann. § 42-9-400 (1976 & Supp. 2001) (requirements
for reimbursement from Second Injury Fund); Liberty Mut. Ins. Co. v. S.C.
Second Injury Fund, 318 S.C. 516, 458 S.E.2d 550 (1995) (If carrier incurs
greater liability for compensation or medical payments as a result of preexisting
injury, he is entitled to reimbursement for greater payments.); State Workers
Compensation Fund v. S.C. Second Injury Fund, 313 S.C. 536, 443 S.E.2d 546
(1994) (Reimbursement was proper where claimant would not have been disabled
but for preexisting conditions and total disability qualified as subsequent
disability arising out of employment.).
[1]
AFFIRMED.
CONNOR, STILWELL, and HOWARD, JJ., concur.
[1] We decide this case without oral argument pursuant to Rule
215, SCACR.
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