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STEPHENSON v. RICE SERVICES3/21/1994
Claimant Marvin Stephenson appeals the denial of workers' compensation benefits and the finding of the Full Commission that his work-related injury did not aggravate his pre-existing condition because he was already totally disabled from this disorder prior to his accident. Stephenson appeals. We reverse and remand.
Stephenson filed a workers' compensation claim based on a work-related aggravation of his pre-existing post-traumatic stress disorder (PTSD). The injury which allegedly caused the aggravation of his PTSD occurred March 16, 1988, when Stephenson injured his back after he slipped and fell on a wet
Several months prior to this accident, in August 1987, Stephenson was diagnosed by Dr. Doyle, a psychologist with the Veteran's Administration (VA), as permanently and totally disabled because of PTSD. Nevertheless, at the time of the accident in March, 1988, Stephenson only had a 30% VA disability rating. Pursuant to Dr. Doyle's diagnosis, this rating was later retroactively elevated to a 100% disability for PTSD under VA standards.
Despite his disability, however, Stephenson was able to get a job working for Rice Services, Inc. supervising recruits in a mess hall at Fort Jackson. He also had a second part-time job pumping gas and sweeping up at a gas station near his home. Stephenson testified that prior to his accident, he was able to perform his work requirements satisfactorily. Stephenson's psychologist, Dr. Vander Kolk, further testified he received information indicating Stephenson was a good employee and carried out his assigned duties in a proper manner.
The single commissioner found Stephenson was entitled to total and permanent disability for aggravation of his pre-existing PTSD, and awarded him 500 weeks of compensation previously awarded. The Full Commission reversed the commissioner, finding as follows:
[Stephenson] was already permanently and
totally disabled prior to his work-related
accident on March 16, 1988. Thus, [Stephenson's]
accident of March 16, 1988 did
not aggravate the pre-existing post-traumatic
stress disorder so as to render [Stephenson]
unemployable.
The circuit court found there was substantial evidence to support the finding that Stephenson was totally disabled prior to his accident, and affirmed the Commission.
On appeal, Stephenson argues the Commission impermissibly relied upon the VA rating in denying his claim, and that the finding of total disability from PTSD prior to the accident was not otherwise supported by
As pointed out by the circuit court, Rice Services contends the disability rating given to Stephenson by the VA was not the sole evidence relied upon by the Commission in concluding that Stephenson was already permanently and totally disabled prior to his accident on March 16, 1988. Rice Services maintains the disability rating given by the VA was merely corroborating evidence of Stephenson's condition. We agree that the Commission did not rely solely on the VA rating, but instead used the same medical evidence developed in the VA files.
Thus, excluding the VA rating from consideration, the issue becomes whether substantial evidence exists to support the Commission's finding that Stephenson was already permanently disabled prior to his work-related accident on March 16, 1988. See Stokes v. First National Bank, 306 S.C. 46, 410 S.E.2d 248 (1991); DeBruhl v. Kershaw Cty. Sheriff's Dept., 303 S.C. 20, 397 S.E.2d 782 (Ct.App. 1990) (the Commission's decision must be affirmed if the factual findings are supported by substantial evidence); see also McGuffin v. Schlumberger-Sangamo, 307 S.C. 184, 414 S.E.2d 162 (1992) (" ubstantial evide
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