We hope you enjoy the September 2011 Workers' Compensation Quarterly Newsletter. Please send any questions to Practice Group Chair Ellen Adams.


Lacy's Legal Pad

Collins & Lacy Founding Partner and Workers Compensation Attorney Stan Lacy

Which Carrier Pays the Benefits in Repetitive Trauma Claims?

By Founding Partner Stan Lacy 


Thanks to the General Assembly, we say "good bye" to an ill-advised method of determining which carrier pays for benefits in repetitive trauma cases, at least I hope so. What's that you say? We will no longer put the onus on the carrier on the date of last injurious exposure? Correct! And I say good riddance to a standard that should never have been applied to repetitive trauma in the first place. Read more.


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Give SC Children a Chance -- Donate to Kids' Chance!

Collins & Lacy Workers Compensation Attorney Rebecca Halberg

By Attorney Rebecca Halberg


Since 1992, Kids' Chance of South Carolina, Inc. has been helping the children of injured workers pay for school. During its nearly 20 years of service, Kids' Chance has donated scholarship money to the child of a nurse who was killed by a drunk driver while helping a fellow motorist, to the child of a grocery store employee who was shot three times during an armed robbery, and to the child of a police officer who was seriously injured in the line of duty. Now, Kids' Chance needs your help.

Read more.

South Carolina Case Law Updates  



 Time Matters: Commission May Not Extend Time Period for Filing an Appeal

 Allison v. W.L. Gore & Associates Op. 

 No. 27031, South Carolina Supreme 

 Court, filed August 22, 2011



 Supreme Court Reverses Decision Remanding a Claim and Leaving Open the Record for Additional Depositions

Trotter v. Trane Coil Facility, Op. No. 27024, South Carolina Supreme Court, filed August 15, 2011


Nurse Anesthetist Working at Hospital Through Staffing Agency Not an Employee for Purposes of Determining Workers' Compensation Coverage

Shatto v. McLeod Regional Medical Center, Op. No. 4865, South Carolina Court of Appeals, filed August 10, 2011


Re-Examining the McDevitt Street/Fraud in the Application Defense

George Rabon v. Arrow Exterminating, Inc., Op. No. 4849, S.C. Court of Appeals, filed July 6, 2011


Service Members and Health Care Professionals May Have a Higher Hurdle to Cross in Alleging Mental or Nervous Disorders

Martinez v. Spartanburg County, Op. No. 4839, S.C. Court of Appeals, June 15, 2011







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