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Tiller v. National Health Care Center of Sumter3/8/1999
TILLER v. NATIONAL HEALTH CARE CENTER
Shearouse Adv. Sh. No. 10 S.E. 2d
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Sumter County
H. Dean Hall, Judge
Heard January 21, 1999
AFFIRMED AS MODIFIED
In this workers' compensation case, a single commissioner of the South Carolina Workers' Compensation Commission (the Commission) concluded respondent had suffered a compensable back injury and awarded temporary total benefits plus medicals. The full Commission, the circuit court, and the Court of Appeals affirmed finding substantial evidence supported the award. Tiller v. National Health Care Center of Sumter, Op. No. 97-UP-343 (S.C. Ct. App. refiled Sept. 11, 1997). This Court granted National Health Care Center of Sumter's (National Health) petition to review the Court of Appeals' opinion. We affirm as modified.
FACTS
Respondent, a registered nurse, worked at National Health. On December 18, 1994, respondent was dispensing medications to the residents of National Health. As she pushed the medication cart from a tile floor to a carpeted floor, the wheels unexpectedly jammed causing pain in respondent's lower back and right leg. Respondent finished working her shift; however, the next morning she was unable to get out of bed. Respondent made an appointment to see Dr. Davis.
X-rays of respondent's back and legs were taken on December 20, 1994. These films were essentially normal; however, they did reveal respondent's L5-SI disc was severely deteriorated and there was a milder narrowing and spur formation at L3-L4. Because the pain persisted, respondent was referred to Dr. Gee, an orthopaedist. By February 8, 1995, X-ray films showed the intervertebral space at L3-L4 was essentially obliterated by what Dr. Gee diagnosed as discitis, a disc space infection caused by E. coli bacteria. Respondent was hospitalized for approximately one month.. On March 13, 1995, Dr. Edwards, an orthopaedist, hospitalized respondent again and referred her to HealthSouth Rehabilitation Center for physical therapy and antibiotic treatment.
The single commissioner found in favor of respondent and awarded her temporary total weekly benefits. The commissioner found the jamming of the medicine cart wheels aggravated respondent's pre-existing condition of a degenerated disc at L5-S1. Further, the commissioner found the discitis at L&IA; caused by either a stab wound or a urinary tract infection, was aggravated by the injury of December 18, 1994.
National Health appealed arguing respondent failed to prove her case by the preponderance of the evidence. The full Commission, the circuit court, and the Court of Appeals affirmed the single commissioner's decision.
ISSUE
Did the Court of Appeals fail to apply the correct standard of proof regarding the sufficiency of medical evidence in this medically complex workers' compensation case?
DISCUSSION
National Health argues in this medically complex case respondent failed to provide expert medical testimony about causation required by Smith v. Michelin Tire Corp., 320 S.C. 296, 465 S.E.2d 9 (Ct. App. 1995), and thus did not carry her burden of proof. Specifically, National Health argues respondent failed to establish with expert medical testimony, stated at least to a reasonable degree of medical certainty, that the discitis was present prior to her accident on December 18, 1994. We disagree.
This Court must affirm the findings of fact made by the Commission if they are supported by substantial evidence. Lark v. Bi-Lo. Inc., 276 S.C. 130, 276 S.E.2d 304 (1981
Page 1 2 3 4 South Carolina Personal Injury Attorneys
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