Brown v. Walmart Inc.

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

Helen Brown, Claimant, Appellant,

v.

Walmart Inc., Employer, and New Hampshire Insurance
Company, Carrier, Respondents.

Appellate Case No. 2022-000963

Appeal From The Workers' Compensation Commission

Unpublished Opinion No. 2024-UP-154
Submitted April 1, 2024 – Filed May 1, 2024

AFFIRMED

George Albert Taylor, of Smith Born Leventis Taylor &
Vega, of Columbia, for Appellant.

Johnnie W. Baxley, III, of Willson Jones Carter &
Baxley, P.A., of North Charleston, for Respondents.

PER CURIAM: Helen Brown appeals an order of the Appellate Panel of the
South Carolina Workers' Compensation Commission upholding a finding by the
single commissioner that she failed to show injuries to her left shoulder and left
arm were causally related to an admitted workplace accident. We affirm pursuant
to Rule 220(b), SCACR.
Brown received x-rays of her left forearm and humerus when she went to the
hospital on the day of her accident, supporting her contention that she complained
of "arm, upper arm, or shoulder pain" when she was injured. These x-rays,
however, did not show signs of trauma to her left shoulder or left arm.
Furthermore, although Brown provided testimony contradicting various medical
reports that indicated she did not mention the pain in her left shoulder and left arm
until approximately seven months after her accident, the appellate panel gave
greater weight to the reports than to Brown's statements, and this court lacks the
authority to override that decision. See Pratt v. Morris Roofing, Inc., 357 S.C. 619,
622, 594 S.E.2d 272, 273-74 (2004) ("It is not the task of [the appellate court] to
weigh the evidence as found by the full commission[,] and [the appellate court]
must affirm the findings of fact made by the commission if they are supported by
substantial evidence."); Shealy v. Aiken Cnty., 341 S.C. 448, 455, 535 S.E.2d 438,
442 (2000) ("The final determination of witness credibility and the weight to be
accorded evidence is reserved to the Full Commission.").

The record also included (1) x-rays and an MRI that showed Brown's shoulder was
affected by chronic conditions and degenerative changes rather than a traumatic
accident and (2) opinions from Brown's treatment providers that the pain in her left
shoulder and left arm were not causally related to her accident. Notably, although
Dr. Paul Rush, one of the physicians who treated Brown's left shoulder, agreed
Brown's fall could have aggravated pre-existing conditions in her left shoulder and
left upper arm area, he also stated that the symptoms would have manifested
themselves within a few weeks after her fall. Moreover, Dr. Rush described the
symptoms he observed in Brown's left shoulder as chronic and progressive
symptoms that were not necessarily caused by trauma and would not manifest
themselves soon after an injury. Similarly, Dr. Gregory Palutsis, another of
Brown's treating physicians, testified (1) pain from a traumatic injury to the
shoulder would have manifested itself within a few days, and (2) evidence that
Brown did not report pain in her left shoulder to a physician until seven months
after her accident led him to believe her complaints about her left shoulder were
not causally related to her fall. We hold the deposition testimonies of both Dr.
Rush and Dr. Palutsis constituted substantial evidence, when considering the
record as a whole, that warrants upholding the appellate panel's decision to deny
Brown's claims as to her left shoulder and left arm. See Adams v. Texfi Indus., 341
S.C. 401, 404, 535 S.E.2d 124, 125 (2000) ("'Substantial evidence' is not a mere
scintilla of evidence nor the evidence viewed blindly from one side of the case, but
is evidence which, considering the record as a whole, would allow reasonable
minds to reach the conclusion that the administrative agency reached or must have
reached in order to justify its action." (quoting Lark v. Bi-Lo, Inc., 276 S.C. 130,
135, 276 S.E.2d 304, 306 (1981))). Finally, although Dr. Carl D. Geier, Jr.,
determined Brown's left shoulder injury was causally related to her accident, the
appellate panel expressly stated it did not accord a great deal of weight to his
opinions and acted within its authority in making this decision. See Shealy, 341
S.C. at 455, 535 S.E.2d at 442 ("The final determination of witness credibility and
the weight to be accorded evidence is reserved to the Full Commission.").

AFFIRMED. 1

GEATHERS, HEWITT, and VINSON, JJ., concur.

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