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Roberts v. McNair Law Firm and Companion Commercial Ins. Co.6/13/2005
weekly compensation equal to sixty-six and two-thirds percent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than the average weekly wage in this State for the preceding fiscal year.
S.C. Code Ann. § 42-9-20 (1985).
Roberts argues she should be paid total compensation for the entire 500 weeks allocated for permanent recovery, disregarding the weeks she was compensated for partial disability. We disagree. Section 42-9-10 of the Workers' Compensation Act provides that, except under circumstances not applicable in this case, the period for compensation may not exceed 500 weeks. S.C. Code Ann. § 42-9-10 (Supp. 2004).
Roberts attempts to characterize the weeks she received partial disability compensation as "half weeks." We find she was not paid "half weeks" as she alleges but was paid temporary partial disability benefits pursuant to section 42-9-20 to compensate for her reduced earnings during the period she worked part-time. We accordingly hold the commission did not err in finding Roberts entitled to the sum of 500 weeks of compensation less the number of weeks she received temporary partial compensation.
CONCLUSION
For the reasons set forth herein, the decision of the circuit court affirming the full commission is AFFIRMED.
ANDERSON and WILLIAMS, JJ., concur.
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