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Hinton v. Designer Ensembles11/6/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From Greenville County
Gerald C. Smoak, Sr ., Circuit Court Judge
Heard October 5, 2000
REVERSED
Respondent Hinton (Hinton) brought this retaliatory discharge action against Petitioner Designer Ensembles, Inc., (Designer) alleging Designer terminated his employment because he filed a workers' compensation claim. Hinton claimed his discharge was in violation of South Carolina Code Ann. ยง 41-1-80 (Supp. 1999). The trial court found Designer terminated Hinton in violation of the statute, awarded Hinton lost wages, and ordered Hinton's reinstatement. The Court of Appeals affirmed the retaliation finding and lost wages award, but reversed the reinstatement. Hinton v. Designer Ensembles, Inc., 335 S.C. 305,516 S.E.2d 665 (Ct. App. 1999). The Court granted Designer a writ of certiorari to review the Court of Appeals' decision. We reverse.
FACTS
Designer employed Hinton as a shipping supervisor in December 1993. As a supervisor, part of Hinton's job was to enforce the company's policies. One of the policies provided an employee could be terminated if he was absent from work for five consecutive days without providing Designer with a written doctor's excuse.
Prior to August 2,1994, Hinton had been neither absent from work nor tardy and he had never been "written up." On August 2, Hinton sustained a work-related injury to his back. As a result of the accident, Hinton was x-rayed at the hospital emergency room then referred to Dr. Wallace. Dr. Wallace treated Hinton for pain and sent him to a therapist. When the therapy failed to provide relief, Dr. Wallace referred Hinton to Dr. Kanar.
Dr. Kanar treated Hinton from August 22 through September 13,1994. He ordered a bone scan and treated Hinton with steroid injections. After Hinton's attempt to return to work in a limited capacity failed due to chronic back pain, Dr. Kanar referred Hinton to Dr. Kopera. While under Dr. Kanar's care, Hinton submitted a written doctor's excuse to Designer.
Through Dr. Kopera, Hinton attended intensive physical therapy sessions during October 1994. On October 28, 1994, Dr. Kopera released Hinton to return to work with restrictions on lifting, sitting, and standing. Dr. Kopera spoke with Marie Sitter, Designer's personnel manager, about the release and restrictions. Thereafter, Hinton spoke with Sitter and Facility Manager Joe Nettles. Nettles stated Designer wanted Hinton to return to work so it could "use Hinton's brain." Both Sitter and Nettles stated Designer would accommodate the doctor's restrictions, including permitting Hinton to lie down, if necessary.
Hinton returned to work on Tuesday, November 1,1994, and worked a full shift, but told his manager, Carter Mahaffey, he was in pain. He worked a few hours on Wednesday, November 2, before reporting he was leaving due to pain. Hinton went to the emergency room; he was given a written doctor's excuse for that day's absence and instructed to see Dr. Kopera.
Hinton saw Dr. Kopera. The doctor's November 1,1994, written report states he was unable to explain Hinton's increased back pain. The report further states "[Hinton] reports having difficulty performing his work duties with the previous (sic) outlined restrictions. I have discussed the patient's case with his employer and they will accommodate him in any fashion. Specifically, he will not be asked to do any task that causes him discomfort." Dr. Kopera scheduled a November 15, 1994, appointment for Hinton with an orthopedic specialist, Dr. Reid. Hinton testified Dr. Kopera instructed him to wait until after his appointment with Dr. Reid be
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