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SMITH v. S.C. DEPT. OF MENTAL HEALTH11/24/1997
hasis added). We therefore reverse the factual findings of the Commission relating to the amount of Smith's impairment and the percentage On remand, the Commission at a minimum shall allow the parties to present the testimony of the previously excluded witnesses, and, most importantly, shall allow Smith to be examined by his attorney and the attorney for DMH. The Commission in its discretion may conduct a de novo hearing in which testimony from all witnesses is again taken, or the Commission may rely on the testimony previously given. Moreover, given the length of time that has elapsed since the original hearing, the Commission is free to order any additional medical or vocational evaluations of Smith as it deems proper.
We recognize that the Commission is the sole fact-finder in workers' compensation cases, and that any questions of credibility must be resolved by the Commission. See Hoxit v. Michelin Tire Corp., 304 S.C. 461, 463-65, 405 S.E.2d 407, 408-09 (1991) (The Commission is the sole factfinder in workers' compensation cases; if there is a conflict in the evidence, the Commission's findings of fact are conclusive.); Ross v. American Red Cross, 298 S.C. 490, 492, 381 S.E.2d 728, 730 (1989) (In workers' compensation cases, it is the Commission that must make the final determination of witness credibility and the weight to be given evidence.). We simply
IV.
In conclusion, we affirm the Commission's determination that, pursuant to 25A S.C. Code Ann. Regs. 67-507 (C), termination of temporary benefits is proper upon a determination that the claimant has reached maximum medical improvement, without regard to whether the claimant has returned to work without restriction or whether the employer has made available to the claimant a suitable position. However, we reverse the findings of the Commission with regard to Smith's degree of impairment and disability and we remand this case to the Commission for the taking of additional evidence, in accordance with the instructions set out above.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
HEARN and STILWELL, JJ., concur.
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