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CREECH v. THE DUCANE COMPANY12/20/1995
.2d 685 (Ct.App. 1993) (holding the full commission did not have authority to address an issue not raised in an application for review).
Even if the issue had been raised to the commission, the award would be improper. The commission found Creech reached maximum medical healing for the earlier injury . Moreover, the 1991 award was final. The Workers' Compensation Act provides a mechanism by which the commission on its own motion may seek to reopen an award if there is a change in condition, but such review must "be made within twelve months from the date of the last payment of compensation pursuant to an award under" the Act. S.C. Code Ann. ยง 42-17-90 (1985). According to the record on appeal, Creech last received compensation on November 6, 1991, the date of the earlier award. Thus, any review for a change of conditions had to be undertaken no later than November 6, 1992. Accordingly, we affirm the circuit court's reversal of the full commission's award of additional medical benefits for the 1991 claim.
Affirmed in part, reversed in part and remanded.
SHAW, and CONNOR, JJ., concur.
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