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Evidence that an injured employee has returned to work in some capacity, standing alone, does not rebut the presumption of total disability where the uncontradicted medical evidence indicates the employee sustained loss of use to his back that exceeded 50 percent, held a divided Supreme Court of South Carolina. Emphasizing that public policy supported a return to work where possible, the majority said the injured employee should not be penalized for returning to modified work at his employer.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
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See Clemmons v. Lowe’s Home Ctrs., 2017 S.C. LEXIS 55 (Mar. 8, 2017)
See generally Larson’s Workers’ Compensation Law, § 86.02.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see