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Hamilton v. Ford6/1/1999
milton's claim?
II. Did the Circuit Court err in affirming the Full Commission's ruling allowing the admission of certain hearsay testimony?
STANDARD OF REVIEW
The Administrative Procedures Act establishes the standard of review for decisions by the South Carolina Workers' Compensation Commission. Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981). In an appeal from the Commission, this Court may not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact, but may reverse where the decision is affected by an error of law. S.C. Code Ann. § 1-23-380(A)(6) (Supp. 1998); Lark, supra; Stephen v. Avins Constr. Co., 324 S.C. 334, 478 S.E.2d 74 (Ct. App. 1996). See also Smith v. Union Bleachery/Cone Mills, 276 S.C. 454, 456, 280 S.E.2d 52, 53 (1981)(court may reverse or modify agency's decision "'if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, Conclusions or decisions are . . . affected by other error of law.'"); Lyles v. Quantum Chem. Co. (Emery), 315 S.C. 440, 434 S.E.2d 292 (Ct. App. 1993)(in reviewing decision of Workers' Compensation Commission, Court of Appeals will not set aside its findings unless they are not supported by substantial evidence or they are controlled by error of law). The appellate court's review is limited to deciding whether the Commission's decision is unsupported by substantial evidence or is controlled by some error of law. See Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981).
In this case, the issue of whether the statute of limitations bars Hamilton's claim is a question of law, rather than of fact. See Mize v. Sangamo Elec. Co., 251 S.C. 250, 161 S.E.2d 846 (1968); Lesley v. Lesley, 53 S.C. 44, 30 S.E. 635 (1898).
LAW/ANALYSIS
I. Statute of Limitations
Hamilton contends the Full Commission erred in concluding his Workers' Compensation claim was time barred. He argues the approved Form 15 satisfied the statute of limitations. We agree.
"The right to compensation under [the Workers' Compensation act] is barred unless a claim is filed with the ommission within two years after an accident." S.C. Code Ann. § 42-15-40 (Supp. 1998). In statutorily debarring stale claims filed by delinquent claimants, the General Assembly established a bright line, time-oriented, all-encompassing defense. The sometimes harsh and onerous statute of limitations defense has been ameliorated by a commonsensical and practical approach emanating from our Supreme Court. In a line of concatenated rulings beginning with Gold v. Moragne, 202 S.C. 281, 24 S.E.2d 491 (1943), a doctrine has emerged which satisfies the mandate of § 42-15-40.
In Gold, the employee fractured his neck in a work related accident on May 27, 1938. Immediately after the accident, the employee was given medical and hospital treatment by his employer and the insurance carrier. No written instrument specifically designated as a claim was filed with the Industrial Commission within the one year statute of limitations in effect at the time. Instead, an agreement, which was dated July 20, 1938, and signed by all the parties, was filed with and approved by the Industrial Commission on July 22, 1938, less than sixty days after the accident occurred. Pursuant to the agreement, the employee would receive weekly compensation until terminated in accordance with the provisions of the Workmens' Compensation Act. The agreement stated the date of the injury , the place and cause of the accident, and the nature of the injury.
Weekly installments were paid up to and including June 9, 1939, a little over a year after t
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