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SHARPE v. CASE PRODUCE12/22/1997
inference, the question is one of law
for the court rather than one of fact for the
Commission. Glover v. Rhett Jackson Co.
Mullinax, 318 S.C. at 436-37, 458 S.E.2d at 79-80.
Pre-existing disease or infirmity of the employee does not disqualify a claim under the "arising out of" requirement if the employment aggravated, accelerated, or combined with the disease or infirmity to produce the disability for which compensation is sought. Glover v. Columbia Hosp., 236 S.C. 410, 114 S.E.2d 565 (1960). When a pre-existing condition or disease is accelerated or aggravated by injury or accident "arising out of and in the course of the employment," the resulting disability is a compensable injury. Brown v. R.L. Jordan Oil Co., 291 S.C. 272, 353 S.E.2d 280 (1987); Arnold v. Benjamin Booth Co., 257 S.C. 337, 185 S.E.2d 830 (1971). See also Sturkie v. Ballenger Corp., 268 S.C. 536, 235 S.E.2d 120 (1977) (exacerbation of pre-existing disease or injury arising out of or in course of employment is compensable); Hiers v. Brunson Constr. Co., 221 S.C. 212, 70 S.E.2d 211 (1952) (if there is subsisting condition of illness or incapacity or physical disability which is caused, increased, or accelerated by some act or event coming by chance or happening fortuitously, then requisite quality or condition of injury will exist so as to make it accidental).
The right of a claimant to compensation for aggravation of a pre-existing condition arises only where there is a dormant condition which has produced no disability but which becomes disabling by reason of the aggravating injury . Hines v. Pacific Mills, 214 S.C. 125, 51 S.E.2d 383 (1949). A determination of whether a claimant's condition was accelerated or aggravated by an accidental injury is a factual matter for the Commission. Brown, supra.
Even if Sharpe was injured in his altercation with Harper, he is nonetheless entitled to Workers' Compensation benefits. The accident which occurred on July 21, 1994, aggravated or accelerated this pre-existing condition. The medical evidence submitted supports the fact Sharpe was injured as a result of a work-related accident. Sharpe worked at least two days after the fight and prior to the accident. The paralysis did not occur after the altercation with Harper. It occurred immediately after the "electricity" ran through Sharpe's body on July 21, 1994, when he attempted to place the boxes of tomatoes in the trunk of his car.
CONCLUSION
In the case sub judice, Sharpe proved he sustained an "injury by accident arising out of and in the course of" his employment with Case Produce. Succinctly put, there is no evidence to the contrary. Therefore, the trial court erred in affirming the Commission's denial of benefits. Moreover, even if Sharpe injured his back in the fight with Harper, he is still entitled to compensation because the work-related accident accelerated or aggravated his preexisting
REVERSED and REMANDED.
CONNOR and HUFF, JJ., concur.
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