CREECH v. THE DUCANE COMPANY
12/20/1995
In this workers' compensation case, Walter M. Creech appeals a circuit court order affirming the commission's determination that Creech did not suffer an "injury by accident," and reversing the commission's order that Creech's employer, The Ducane Company, pay medical expenses Creech incurred for a prior admitted work-related injury. We affirm in part, reverse in part and remand.
Creech suffered a back injury while working for Ducane in 1989. He received compensation for a 35% permanent partial disability to his back pursuant to a commission order on November 6, 1991. Creech never sought to reopen that award.
On July 12, 1993, Creech claimed he injured his back as he reached down to pick up a filter rack from the floor. The wire filter rack weighed less than one pound. Ducane sent him to see Dr. James Higgins, who excused Creech from work for about one week. When his condition did not improve, Creech was sent to Dr. Robert Abramson. Dr. Abramson noted an "MRI scan of [Creech's] lumbosacral spine shows evidence of scar tissue versus possible recurrent free fragment behind the body of L-5 on the left side."
Dr. Abramson treated Creech conservatively with epidural steroid injections. On September 14, 1993, Dr. Abramson released Creech to return to full-time work with a lifting restriction of 10 to 15 pounds.
The single commissioner recited these facts in his order and found, in part:
The claimant has failed to prove that he
sustained an injury by "accident" to his back
arising out of and in the course of his employment
on July 12, 1993. The claimant describes picking up
a filter rack weighing less than one pound but
describes no slip, trip, sudden effort, etc.
Further, the claimant does not describe a hazard
to which he is not equally exposed apart from the
work. This finding is based on the claimant's
testimony, including his description of the
alleged "accident," and the medical records in
evidence.(Emphasis added).
Accordingly, the single commissioner found Creech was not entitled to medical treatment or compensation . Thereafter, the full commission affirmed but required Ducane to pay all of Creech's medical expenses from his treatment by Dr. Abramson.
Both Creech and Ducane sought circuit court review of the full commission's order. The circuit court noted that in South Carolina, no external event is necessary for an injury to be the result of an accident for workers' compensation purposes. However, the court added:
Substantial evidence in the record supports the
Commission's decision that the claimant did not
sustain a compensable work-related "accident" on
July 12, 1993. The claimant testified that he
experienced pain in the lower back on July 12, 1993
as he reached down for a filter rack on the floor.
The claimant admitted that the filter rack in
question weighed less than one pound. Further,
claimant had been on vacation for approximately
one week prior to the alleged accident. Claimant
testified he saw Dr. Higgins, and eventually Dr.
Abramson for medical care.
In addition, the claimant admitted he was doing
nothing unusual or out of the ordinary in his
course of work at the time he alleges to have
re-injured himself.
Therefore, the circuit court affirmed the commission's holding that Creech did not sustain a compensable work-related accident on July 12, 1993. However, the circuit court reversed the commission's decision insofar as it required Ducane to pay all of Creech's medical expenses, holding that issue was not properly before
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