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Hamilton v. Ford6/1/1999
ation claims following a reliance period. Here, it is unnecessary to apply tolling rules because Hamilton satisfied the statute of limitations by means of the Form 15 before the reliance period even began.
Hopkins does not overrule Gold. The two cases address different issues. In Hopkins, the Supreme Court noted an employer may be estopped from asserting the statute of limitations as a bar to subsequently filed Workers' Compensation suits if by his conduct he has induced the claimant to believe the claim is compensable and will be taken care of without its being filed with the Commission within the limitations period. Neither this case nor Gold involves estoppel.
Bob Bennett argues Hamilton's disability to the back is not included in his claim because the Commission-approved Form 15 refers only to a hip and leg injury . Yet, when a claim is filed, all elements of compensation are included. It was not contemplated by the Act that different parts of the total result of one accident should be regarded as separate claims. Gold v. Moragne, 202 S.C. 281, 24 S.E.2d 491 (1943). A compensation claim embraces all of the eventual effects of a single accident. A claimant may not know the full extent of his injury when the claim is filed. It is not necessary that the claim state all of the injurious effects arising out of the accident. Limiting the scope of the claim to the narrow injury listed in the Form 15 would encourage gross overreaching. Although the Form 15 listed Hamilton's injury as to his hip and leg only, the Form 15 is sufficient to initiate a claim for injuries to his back, if the injuries to his back arose out of the same accident.
II. Hearsay
Hamilton claims the Single Commissioner erred in allowing a defense witness to testify a manager with Bob Bennett told her in a 1994 telephone conference that he had not been notified of Hamilton's continuing back problems. Because the issue will arise again on remand, we address it for the guidance of the Commission. See Creech v. Ducane Co., 320 S.C. 559, 467 S.E.2d 114, 116 (Ct. App. 1995); American Security Ins. Co. v. Howard, 315 S.C. 47, 431 S.E.2d 604, 609 (Ct. App. 1993).
"'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Rule 801(c), SCRE; Hawkins v. Pathology Assocs., 330 S.C. 92, 498 S.E.2d 395 (Ct. App. 1998). Hearsay is generally inadmissible. Rule 802, SCRE.
Because the testimony does not fall within one of the established exceptions to the general rule that hearsay is inadmissible, the evidence was not properly admitted. The testimony should not be admitted at the hearing on remand.
CONCLUSION
We hold a Form 15, filed with and approved by the Commission, satisfies the statutory requirement of ยง 42-15-40 that a claim for compensation be filed within two years after the accident. The Commission erred as a matter of law in holding this claim was barred. Accordingly, we reverse the decision of the Circuit Court affirming the Full Commission's order and remand for further proceedings consistent with this opinion.
REVERSED and REMANDED.
CURETON and STILWELL, JJ., concur.
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