McGauvan v. Dorchester County

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

Michelle
McGauvran, Appellant,

v.

Dorchester County,
Self-Insured, through the S.C. Association of Counties Workers' Compensation
Trust, Respondents.

Appeal From Charleston County

 J. C. Buddy Nicholson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2010-UP-302

Heard May 19, 2010 – Filed June 9, 2010

Withdrawn, Submitted, and Refiled July 20,
2010   

AFFIRMED

Andrew Nathan Safran, of Columbia, for
Appellant.

Roy A. Howell, III, and Kirsten L. Barr, of Charleston, for
Respondents.

PER CURIAM: 
Michelle McGauvran (McGauvran) appeals an order of the circuit court affirming
the finding of the South Carolina Workers' Compensation Commission (the
Commission) that she is not entitled to benefits for an injury sustained while
employed by Respondent Dorchester County.  On appeal, McGauvran argues the
Commission erred in finding her injury was not a compensable injury by accident
arising out of her employment and in failing to give proper weight to
conflicting testimony. 

We affirm pursuant to Rule 220(b), SCACR, and the following
authorities:  Tennant v. Beaufort
County Sch. Dist., 381 S.C. 617, 620,
674 S.E.2d 488, 490 (2009) (stating the appellate court must affirm the
findings of fact by the Commission if its findings are supported by substantial
evidence); Crosby v. Wal-Mart Store,
Inc., 330 S.C. 489, 494-96, 499
S.E.2d 253, 256-57 (Ct. App. 1998) (finding when substantial evidence supports
the conclusion that the cause of a fall is an internal breakdown of the knee,
it is appropriate to deny workers' compensation benefits because of the lack of
a causal connection between the injury and employment); Miller v. Springs
Cotton Mills, 225 S.C. 326, 330, 82 S.E.2d 458, 459 (1954) (concluding that
an award of compensation because of the failure of claimant's knee "would
necessitate opening the floodgates and holding that every internal failure
suffered by an employee in the course of his employment becomes an accident
just because it happens."); Pack v. State Dep't of Transp., 381
S.C. 526, 536, 673 S.E.2d 461, 466 (Ct. App. 2009) (holding where there are conflicts in the evidence,
the findings of the Commission are conclusive).

AFFIRMED.

FEW, C.J., THOMAS and PIEPER, JJ., concur.