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CREECH v. THE DUCANE COMPANY12/20/1995
the commission.
On appeal, Creech claims the circuit court erred in affirming the commission's ruling that he did not suffer an injury by accident because the ruling was controlled by an error of law. Creech alternatively claims the circuit court erred in reversing the commission's decision to require Ducane to pay Creech's medical bills, since these expenses are the result of a change in condition.
I. Injury by Accident
The question of whether a claimant sustained an "injury by accident" within the South Carolina Workers' Compensation Act is a question of law. Havird v. Columbia YMCA, 308 S.C. 397, 418 S.E.2d 329 (Ct.App. 1992), cert. denied. Hence, this Court may review whether the commission's
In determining whether something constitutes an "injury by accident" the focus is not on some specific event, but rather on the injury itself. Stokes v. First Nat. Bank, 306 S.C. 46, 410 S.E.2d 248 (1991). The word "accident" means an unlooked for and untoward event which is not expected or designed by the person who suffers the injury. Dickert v. Metropolitan Life Ins. Co., 311 S.C. 218, 428 S.E.2d 700 (1993). No slip, fall or other fortuitous event or accident in the cause of the injury is required; the unexpected result or industrial injury is itself considered the compensable accident. Stokes v. First National Bank, 306 S.C. 46, 49, 410 S.E.2d 248, 250 (1991) citing Hiers v. Brunson Construction Co., 221 S.C. 212, 70 S.E.2d 211 (1952). Proof of a "causative event" is not required to establish "injury by accident." Sigmon v. Dayco Corp., 316 S.C. 260, 449 S.E.2d 497 (Ct.App. 1994) (employee knelt to tighten bolts on a machine and his knee locked up as he attempted to stand; the commission found no "injury by accident" since there was no causative event, but the circuit court reversed, concluding the commission's order was based on an error of law, and this Court affirmed the circuit court under Stokes). Thus an "injury by accident" includes not only an injury the means or cause of which is an accident, but also an injury which is itself an accident, that is, an injury occurring unexpectedly from the operation of internal or subjective conditions, without the prior occurrence of any external event of an accidental character. Id.
We hold as a matter of law that the single commissioner erred in ruling Creech did not suffer an "injury by accident" within the meaning of the South Carolina Workers' Compensation Act because he failed to establish a "slip, trip, sudden effort, etc." This error was continued by the full commission, which simply affirmed this ruling without comment and by the circuit court, which found "substantial evidence" existed to support the commission's decision.
For the reasons stated we reverse the circuit court order and remand for the commission to determine whether Creech suffered an "injury by accident" as it is defined in Stokes v. First National Bank and Sigmon v. Dayco Corp.
II. Medical Expenses
Because the issue may arise again on remand, we address the alternative argument Creech makes on appeal. Creech claims the circuit court should not have reversed the commission's order requiring payment of his medical expenses because these expenses were the result of a change in condition since the 1991 award. We disagree.
The commission should not have reached this issue since Creech did not raise it at any time before the commission. South Carolina Code Ann. ยง 42-17-50 (1985) provides a party may file an application for review of the single commissioner's ruling; however, only issues within the application for review are preserved for the full commission. Green v. City of Columbia, 311 S.C. 78, 427 S.E
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