Holmes v. National Services Industries

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

Carolyn Holmes, Employee,  Appellant,

v.

National Services
Industries, Employer, and New Hampshire Insurance Company c/o Gallagher
Bassett Services, Inc., Carrier, Respondents

Appeal From Charleston County

Deadra L. Jefferson, Circuit Court Judge

Unpublished Opinion No.  2009-UP-364

Submitted June 1, 2009 – Filed June 25, 2009

AFFIRMED

Malcolm
M. Crosland, Jr., of Charleston, for Appellant.

Weston
Adams, III, of Columbia, for Respondents.

PER
CURIAM:  Carolyn Holmes appeals the
circuit court's affirmance of the Appellate Panel of the South Carolina
Workers' Compensation Commission's denial of her claim for workers'
compensation benefits.  We affirm pursuant to Rule
220(b), SCACR, and the following authorities: 

1.  Regarding her statute of
limitations argument:  S.C. Code § 42-15-40 (Supp.
2008) (providing a two-year statute of limitations for filing workers'
compensation claims); Mauldin v. Dyna-Color/Jack Rabbit, 308 S.C.
18, 20, 416 S.E.2d 639, 640 (1992) ("Under the discovery rule, the statute
would begin to run from the date [the claimant] either knew or should have
known of her compensable injury."); Snell v. Columbia Gun Exchange,
Inc., 276 S.C. 301, 303, 278 S.E.2d 333, 334 (1981) (holding reasonable diligence
requires an injured party to act with promptness where circumstances of an
injury would put a person of common knowledge and experience on notice that
some claim may exist).

2.  Regarding compensability:  Futch v. McAllister Towing of Georgetown, Inc.,
335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (holding when one issue is
dispositive, the remaining issues need not be addressed).

AFFIRMED. [1]

HEARN, C.J., and THOMAS and KONDUROS, JJ., concur.

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