Burris v. Lexington/Richland School District 5

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

Linda Burris, Appellant,

v.

Lexington/Richland School District 5, Employer, and
South Carolina School Board Insurance Trust, Carrier,
Respondents.

Appellate Case No. 2012-213482

Appeal From Richland County
L. Casey Manning, Circuit Court Judge

Unpublished Opinion No. 2014-UP-090
Submitted January 1, 2014 – Filed March 5, 2014

AFFIRMED

E. Ros Huff, Jr., and Shelby Hapeshis Kellahan, both of
Huff Law Firm, LLC, of Irmo, for Appellant.

Ernest G. Lawhorne, of Adams and Reese, LLP, of
Columbia, for Respondents.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Pierre v. Seaside Farms, Inc., 386 S.C. 534, 540, 689 S.E.2d 615, 618
(2010) ("The Administrative Procedures Act (APA) provides the standard for
judicial review of decisions by the [Appellate Panel]. An appellate court can
reverse or modify the [Appellate Panel]'s decision if it is affected by an error of
law or is clearly erroneous in view of the reliable, probative, and substantial
evidence in the whole record." (internal citations omitted)); id. ("Substantial
evidence is not a mere scintilla of evidence, but evidence which, considering the
record as a whole, would allow reasonable minds to reach the conclusion the
agency reached." (quoting Tennant v. Beaufort Cnty. Sch. Dist., 381 S.C. 617, 620,
674 S.E.2d 488, 490 (2009)); Hargrove v. Titan Textile Co., 360 S.C. 276, 289,
599 S.E.2d 604, 611 (Ct. App. 2004) ("The final determination of witness
credibility and the weight to be accorded evidence is reserved to the Appellate
Panel."); id. at 295, 599 S.E.2d at 613-14 ("A work-related accident which
aggravates or accelerates a pre-existing condition, infirmity, or disease . . . is
compensable unless it is due solely to the natural progression of a pre-existing
condition." (internal citations omitted)); id. at 295, 599 S.E.2d at 614 ("The right of
a claimant to compensation for aggravation of a pre-existing condition arises only
where there is a dormant condition which has produced no disability but which
becomes disabling by reason of the aggravating injury." ); id. ("A determination of
whether a claimant's condition was accelerated or aggravated by an accidental
injury is a factual matter for the Appellate Panel."); id. ("Where there is a conflict
in the evidence from the same or different witnesses, the [Appellate] Panel's
findings of fact may not be set aside.").

AFFIRMED.1

SHORT, WILLIAMS, and THOMAS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.