 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Hamilton v. Ford6/1/1999
William Leroy Hamilton, v. Bob Bennett Ford, et al.
Appeal From Lexington County
Edward B. Cottingham, Circuit Court Judge
Submitted May 13, 1999
REVERSED and REMANDED
In this Workers' Compensation case, William Leroy Hamilton appeals the Circuit Court's affirmance of the Full Commission's order denying his claim for benefits. The Commission found the statute of limitations barred his action. We reverse and remand.
FACTS/PROCEDURAL BACKGROUND
Hamilton was employed as an auto mechanic. He sustained an admitted injury on September 9, 1992, while working at Bob Bennett Ford when he fell as he stepped off a hydraulic lift hitting his back and his hip. After the accident, Hamilton was treated by Dr. Walter Connor, his family doctor, who diagnosed bursitis of the right hip.
The Form 12A, Employer's First Report of Injury , identified the date and circumstances of the accident and the employees who knew of the accident. It described Hamilton's injuries as pulled ligaments on the hip and right leg.
On November 24, 1992, Hamilton and Bob Bennett executed an Agreement for Compensation and a Receipt of Compensation. Under the rules and regulations of the Workers' Compensation Commission, an Agreement for Compensation is a Form 15 and a Receipt of Compensation is a Form 17. The Form 15 listed the date of the accident, the part of the body injured, the compensation rate, and the date Hamilton began receiving temporary total disability, which was September 16, 1992. The Workers' Compensation Commission approved the Form 15 on December 23, 1992. The Form 17 stated Hamilton received temporary compensation from September 16, 1992, to September 20, 1992, and returned to work without restriction on September 21, 1992. The Form 17 provided:
I agree that I was disabled for the period indicated and I was paid compensation as shown above. I UNDERSTAND THAT I GIVE UP NO RIGHTS TO COMPENSATION FOR FUTURE DISABILITY, FOR PERMANENT DISABILITY, DISFIGUREMENT, OR MEDICAL CARE.
Hamilton returned to work on September 21, 1992, and continued his employment with Bob Bennett for approximately two years. In April of 1994, Hamilton began seeing Dr. Gregory Konduros, a general practitioner, who referred him to Dr. Ralph Owings, an orthopaedic surgeon. Dr. Owings saw Hamilton on April 27, 1994. Dr. Owings diagnosed Hamilton as having a herniated disc and spinal stenosis. After treating Hamilton with steroid injections, Dr. Owings operated on his back on July 28, 1994. Hamilton has not worked since April, 1994.
Hamilton's wife contacted Bob Bennett's insurance carrier in either late 1993 or June of 1994 requesting additional benefits. Dr. Owings advised the insurance representative in writing that the herniated disc was causally related to the September, 1992, accident. By letter dated November 1, 1994, the carrier informed Hamilton that it was denying his claim for any future Workers' Compensation benefits.
On December 9, 1996, Hamilton filed a Form 50 alleging he was entitled to total disability or, in the alternative, permanent partial disability, payment of medical treatment for herniated disc, and temporary total disability benefits arising out of the admitted injury . In its Form 51, Bob Bennett denied the claim asserting the " tatute of limitations ha run for filing claim." The Single Commissioner found Hamilton's claim was barred by the applicable statute of limitations. The Full Commission and the Circuit Court affirmed.
ISSUES
I. Did the Circuit Court err in affirming the Full Commission's finding the statute of limitations barred Ha
Page 1 2 3 4 5 6 7 8 9 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|