Frazier v. Starr Electric

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

Allen Coolidge Frazier, Employee, Appellant,

v.

Starr Electric Co., Employer, and General Casualty
Insurance Company, Carrier, Respondents.

Appellate Case No. 2011-190646

Appeal From Richland County
Workers' Compensation Commission

Unpublished Opinion No. 2012-UP-542
Heard September 13, 2012 – Filed October 3, 2012

AFFIRMED

Stephen Benjamin Samuels, of Samuels Law Firm, LLC,
of Columbia, for Appellant.

Cynthia C. Dooley and Carmelo Barone Sammataro, both
of Turner Padget Graham & Laney, PA, of Columbia, for
Respondents.

PER CURIAM: Allen C. Frazier (Frazier) appeals the Workers' Compensation
Commission's (Commission) denial of benefits. On appeal, Frazier argues the
Commission erred in (1) finding he failed to prove he sustained a compensable
repetitive trauma injury, and (2) finding he did not provide timely notice of his
injury. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:

1. As to whether the Commission erred in finding Frazier did not sustain a
compensable repetitive trauma injury: Sharpe v. Case Produce, Inc., 336 S.C. 154,
160, 519 S.E.2d 102, 105 (1999) ("The Commission's decision must be affirmed if
the factual findings are supported by substantial evidence in the record."); Hill v.
Eagle Motor Lines, 373 S.C. 422, 436, 645 S.E.2d 424, 431 (2007) ("Substantial
evidence is that evidence which, in considering the record as a whole, would allow
reasonable minds to reach the conclusion the Commission reached."); Sharpe, 336
S.C. at 160, 519 S.E.2d at 105 ("The possibility of drawing two inconsistent
conclusions from the evidence does not prevent the Commission's finding from
being supported by substantial evidence."); id. ("Where there is a conflict in the
evidence, the Commission's findings of fact are conclusive."); Langdale v. Carpets,
395 S.C. 194, 203, 717 S.E.2d 80, 84 (Ct. App. 2011) ("The final determination of
witness credibility and the weight to be accorded evidence is reserved to the
[Commission] and it is not the task of courts to weigh the evidence as found by the
single commissioner.").

2. As to whether the Commission erred in finding Frazier did not provide
timely notice of his injury: Futch v. McAllister Towing of Georgetown, Inc., 335
S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (holding an appellate court need not
address remaining issues when disposition of a prior issue is dispositive).

AFFIRMED.

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