A casual statement by a worker to his employer that he had back pain, that “I must have hurt myself,” was not a sufficient notice of injury to the employer under S.C. Code Ann. § 42-15-20 (Supp. 2012), which requires notice upon “the occurrence of an accident, or as soon thereafter as practicable,” and in any event within 90 days after the accident, held a South Carolina appellate court recently, reversing a decision by the state Commission’s Appellate Panel. Quoting Larson’s Workers’ Compensation Law, the court said that for adequate notice, there must be “some knowledge of accompanying facts connecting the injury or illness with the employment, and indicating to a reasonably conscientious manager that the case might involve a potential compensation claim.” The court indicated that the Appellate Panel's determination that the claimant provided adequate notice of a work-related injury was not supported by substantial evidence in the record, that according to the claimant’s version of the story, he had provided no facts in his statement to the employer that connected the pain in his back with the employment.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Hartzell v. Palmetto Collision, LLC, 2013 S.C. App. LEXIS 241 (Oct. 9, 2013) [2013 S.C. App. LEXIS 241 (Oct. 9, 2013)]
See generally Larson’s Workers’ Compensation Law, § 126.03 [126.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
Special Presale Price $79*; Book ships late October 2013.
Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get:
View the brochure & table of contents.
View sample pages.
Order online or contact Christine Hyatt at ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.
PROMO CODE: WCEIA
*Price does not include sales tax, shipping or handling. Price subject to change without notice. Discount cannot be combined with other offers. Expires 12/31/2013.