McGaha v. Honeywell International

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

Maria E. McGaha, Respondent,

v.

Honeywell International, Inc., Employer, and Zurich
North America, Carrier, Appellants.

Appellate Case No. 2011-185686

Appeal From Greenville County
G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No. 2013-UP-071
Heard January 8, 2013 – Filed February 13, 2013

AFFIRMED

Vernon F. Dunbar, of Turner Padget Graham & Laney,
PA, of Greenville, for Appellants.

Donald E. Kamb, Jr. and Kathryn Williams, both of
Kathryn Williams, PA, of Greenville, for Respondent.

PER CURIAM: Honeywell International, Inc. and Zurich North America argue
the circuit court erred in affirming the Appellate Panel of the South Carolina
Workers' Compensation Commission's findings that Maria McGaha sustained a
compensable injury to her neck and was entitled to temporary total disability
benefits. We affirm pursuant to Rule 220(b), SCACR, and the following
authorities:

1. As to whether the Appellate Panel erred in determining McGaha was entitled
to payment of temporary total disability compensation benefits from March 4,
2005, to the present: Shuler v. Gregory Elec., 366 S.C. 435, 440, 622 S.E.2d 569,
571 (Ct. App. 2005) (holding the Appellate Panel's decision must be affirmed if
supported by substantial evidence in the record); Palmetto Alliance, Inc. v. S.C.
Pub. Serv. Comm’n, 282 S.C. 430, 432, 319 S.E.2d 695, 696 (1984) ("[T]he
possibility of drawing two inconsistent conclusions from the evidence does not
prevent an administrative agency's finding from being supported by substantial
evidence."); Hargrove v. Titan Textile Co., 360 S.C. 276, 290, 599 S.E.2d 604, 611
(Ct. App. 2004) (finding that when the evidence is conflicting over a factual issue,
the findings of the Appellate Panel are conclusive); Orr v. Elastomeric Prods., 323
S.C. 342, 344, 474 S.E.2d 448, 449 (Ct. App. 1996) (finding that although an
employee's pregnancy indirectly prolonged the period during which she was
unemployable, her injury, not her pregnancy, rendered her unable to work).

2. As to whether the Appellate Panel erred in finding McGaha had injured her
neck or in the alternative failing to determine she did not suffer any disability from
her neck strain: Shuler, 366 S.C. at 440, 622 S.E.2d at 571 (holding the Appellate
Panel's decision must be affirmed if supported by substantial evidence in the
record); Rodney v. Michelin Tire Corp., 320 S.C. 515, 518, 466 S.E.2d 357, 358
(1996) (determining an injury arises out of employment if a causal relationship
between the conditions under which the work is to be performed and the resulting
injury is apparent to the rational mind, upon consideration of all the
circumstances).

AFFIRMED.

SHORT, KONDUROS, and LOCKEMY, JJ., concur.