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Hamilton v. Ford6/1/1999
(2) the August, 1941, proceedings whereby an award and payments were attempted for specific loss and disfigurement were voided at the election of the claimant because a guardian had not been appointed as required by the Act; (3) the statute was tolled and it was unnecessary for a new claim to be filed; and (4) the employee was entitled to a hearing before the Commission for the purpose of ascertaining what award, if any, he was entitled to as damages for specific loss and disfigurement arising out of his work related injury.
More recently, in Rogers v. Spartanburg Regional Medical Center, 328 S.C. 415, 491 S.E.2d 708 (Ct. App. 1997), cert. granted, January 22, 1998, this Court discussed the statute of limitations issue. Rogers, an employee of Spartanburg Regional Medical Center (SRMC), injured her back in an accident arising out of and in the course of her employment on July 28, 1986. The employer voluntarily paid the employee's medical bills and her salary for the two weeks she missed from work because of her injury . The employee admitted she was paid Workers' Compensation benefits in 1986 and 1987. She had continued medical problems requiring several surgeries. The employee did not file a Workers' Compensation claim until July, 1993.
The Single Commissioner found Rogers did not sustain an injury by accident arising out of and in the course of her employment. The Full Commission reversed the Single Commissioner, as SRMC conceded the accident arose from Rogers' employment. SRMC challenged Rogers' claim arguing it was barred by § 42-15-40. The Commission found (1) Rogers was paid temporary total disability in 1986; (2) the payment thereof constituted the filing of the claim under Halks, supra; and (3) the claim was not barred by the statute of limitations imposed by § 42-15-40. The Circuit Court affirmed.
On appeal, SRMC alleged Rogers' claim was barred by the statute of limitations, § 42-15-40. This Court enunciated:
Rogers' reliance on [Halks v. Rust Eng'g Co., 208 S.C. 39, 36 S.E.2d 852 (1946), and Gold v. Moragne, 202 S.C. 281, 24 S.E.2d 491 (1943),] is misplaced. In both Halks and Gold, the parties entered into written agreements which provided that the employer would pay the employee benefits due to an injury . The Court in each case held that the payment of workers' compensation benefits pursuant to the terms of the agreements constituted "filing" even though no written instrument specifically designated as a claim for the particular form of compensation sought was filed with the commission within the one year statute of limitations applicable at that time. Here, however, there exists no written agreement between the parties providing for the payment of workers' compensation benefits. Thus, neither Halks nor Gold is availing under the facts of this case.
Rogers also refers this court to the holding of Hopkins v. Floyd's Wholesale, 299 S.C. 127, 382 S.E.2d 907 (1989) for the proposition that an employer may be estopped from asserting the statute of limitations if the employer induces a claimant to believe the claim is compensable and will be taken care of without its being filed within the period required by statute. In Hopkins, the Supreme Court affirmed this court's holding that the statute of limitations was tolled during the period of the employee's reliance. . . . Because Hopkins only provides that the statute is tolled during the time of the employee's reliance, Rogers was required to file a workers' compensation claim within two years of the date of the last payment of benefits to her. Because there is no evidence that Rogers filed a workers' compensation claim within two years after the date of the last payment of benefits to her, we hold the tr
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