In This Issue
Workers' Compensation Newsletter
Case Law Update: Substantial
Evidence Requirement
Case Law Update: Substantial Evidence Requirement Refuting Claimant's Medical Evidence
The Diamond Spotlight
Important W/C Notes
GWB Accomplishments
Dates to Remember
Workers' Compensation
Group Attorneys
Mills Gallivan
Shareholder
Debbie Brown
Shareholder
Michelle Yarbrough
Partner/Group Leader
Cory Ezzell
Shareholder
Will Harbison
Partner
Jared Simms
Partner
Jared Pretulak
Authors: Jared Pretulak, Rocky Rogers & Amity Edmonds
Recently, the South Carolina Court of Appeals interpreted the "substantial evidence" standard as
it relates to whether the Commission is required to give conclusive effect to expert/medical
opinions. Burnette v. City of Greenville, No. 5059, 2012 WL 6028904 (S.C. Ct. App. Dec. 5, 2012).
In Burnette, the claimant's attorney submitted a medical questionnaire which stated the claimant's
pre-existing back condition had been aggravated as a result of her work accident. Instead of
deposing the medical expert or providing contradictory medical expert evidence, the defendants
relied on isolated medical records to support their argument that the claimant's pre-existing
condition had not been aggravated. Essentially, there was no evidence in the record challenging
the conclusions of the medical experts. The Hearing Commissioner and Appellate Panel denied
compensation for the claimant's alleged back injury.
The South Carolina Court of Appeals reversed the Order of the circuit court affirming the decision
of the Appellate Panel, holding that the record provided "little or no support for the findings of the
Commission." In so holding, the court noted that the Commissioner's finding regarding the
significance of medical evidence (an MRI) was "particularly disturbing" because the opinion did
not originate from a medical provider, but was simply the Hearing Commissioner's opinion based
upon her interpretation of the medical evidence. The South Carolina Court of Appeals remanded
the case to the Commission with specific instructions to reconsider the issues and enter findings
of fact concerning compensability of the lumbar spine that are supported by substantial evidence
in the record.
Practical Implications of Burnette:
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Based upon this recent decision, to satisfy the "substantial evidence" standard it would
appear Defendants have an affirmative obligation to address evidence submitted by the
claimant, especially when such evidence comes from a medical expert.
Associate

Rocky Rogers
Associate
Accordingly, Defendants should either (1) depose the claimant's medical expert, or (2)
obtain an Independent Medical Exam, to ensure substantial evidence exists to support the
Defendants' position. Failure to do so may negatively affect the outcome of the case.
Amber Dorrell
Associate
For more information on how the Burnette decision will impact your workers' compensation
matters in South Carolina, please contact any of our workers' compensation attorneys. We will be
glad to assist with your legal needs.
Brittany Lozanne
Associate
The Diamond Spotlight
T. Cory Ezzell has been elected to become a shareholder with the firm. Since
joining GWB as an associate in 2006, Ezzell has served as a member of the
firm's Workplace Practices Group. His practice focuses on the defense of
employment and workers' compensation matters on behalf of employers,
insurance carriers, self-insured corporations, third party administrators, and
claims servicing agencies. Ezzell leads GWB's Medicare Set-Aside team and
offers extensive experience in working with MSA providers to resolve complex
workers' compensation matters.
Leigha Sink
Associate
Amity Edmonds
Associate
Catherine Hallman
Associate
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Cory
Ezzell
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J. Jared Simms
Charlotte,
North
employment and
insurance carriers,
claims
servicing
has served as a
leads the firm's
has been elected to become a partner in the firm's
Carolina office. Simms' practice focuses on the defense of
workers' compensation matters on behalf of employers,
self-insured corporations, third party administrators, and
agencies. Simms joined GWB as an associate in 2011 and
member of the firm's Workplace Practices Group. He now
North Carolina workers' compensation practice.
Jared
Simms
Partner
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Catherine Hallman has joined the firm's Charlotte office as an associate on its
workers' compensation team. Hallman earned her Juris Doctor from the Elon
University School of Law. Prior to law school, Hallman worked as a licensed
North Carolina and South Carolina workers' compensation adjuster for a major
insurance carrier. Her experience provides Hallman with a unique perspective
and understanding of workers' compensation law.
Catherine
Hallman
Associate
Important W/C Notes
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The 2013 maximum weekly compensation rate for South Carolina is $743.72. This rate
took effect for injuries on or after January 1, 2013.
The 2013 maximum weekly compensation rate for North Carolina is $884.00. This rate
also took effect for injuries on or after January 1, 2013.
Effective January 1, 2013, the new mileage reimbursement rate in South Carolina is 56.5
cents per mile. Regulation 67-1601 A (1) provides the expenses incurred for travel to
receive medical attention which shall be reimbursed to the claimant are mileage to and
from a place of medical attention which is more than five miles away from home.
GWB Accomplishments
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GWB's Columbia Office Ranked a Tier 1 Workers' Compensation Law Firm by U.S. News
and Best Lawyers
Mills Gallivan Named Greenville Workers' Compensation Lawyer of the Year by Best
Lawyers
Twenty-One Gallivan, White & Boyd, P.A. Attorneys Named to Best Lawyers in America
Dates to Remember

February 8th, 2013 from 5:00 pm until 8:00 pm: Kids' Chance of South Carolina BBQ
and Bluegrass at Fluor Daniel, Greenville, SC
o For more information or tickets, contact Amity Edmonds at
aedmonds@gwblawfirm.com or 864-271-5383

February 8th - 9th: NC Workers' Compensation Annual Meeting, Grandover Resort,
Greensboro, NC
o For more information: http://www.ncbar.org/cle/programs/995wcm

February 24th - 26th: SCWCEA 34th Annual Medical Seminar, Francis Marion Hotel,
Charleston, SC
o For more information: http://www.scwcea.org/2013_medsem/home.html

October 20th - 23rd: SCWCEA 37th Annual Educational Conference on Workers'
Compensation, Marriot Myrtle Beach Resort & Spa at Grande Dunes, Myrtle Beach, SC
o For more information: http://www.scwcea.org/events.html
Gallivan, White & Boyd, P.A. - Attorneys at Law
Columbia, SC ~ Greenville, SC ~ Charlotte, NC
(803) 779-1833 ~ (864) 271-9580 ~ (704) 552-1712