Boitano v. PeopLease

Opinion

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

John David Boitano,        Respondent,

v.

PeopLease, as employer, and USF&G, as carrier,        Appellant.

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Appeal From Charleston County
A. Victor Rawl, Circuit Court Judge

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Unpublished Opinion No. 2003-UP-614
Submitted August 20, 2003 – Filed October 21, 2003

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AFFIRMED

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C. Mac Gibson, Jr., of Washington, D.C., for Respondent.

Darryl D. Smalls, of Columbia, for Appellant.

PER CURIAM: The South Carolina Workers’ Compensation Commission found John David Boitano’s back, leg, and groin injuries were compensable.  The commission’s decision was affirmed by the circuit court, and Boitano’s employer, PeopLease, appeals.  We affirm [1] pursuant to Rule 220, SCACR, and the following authorities:  S.C. Code Ann. § 1-23-350 (1986) (final agency decisions must include findings of fact); S.C. Code Ann. § 42-9-40 (1976) (listing five elements for proving claim for hernia);  Adams v. Texfi Industries, 341 S.C. 401, 404, 535 S.E.2d 124, 125 (2000) (findings of an agency are not to be set aside if substantial evidence supports the findings and they are free of legal error);  Brown v. R.L. Jordan Oil Co., 291 S.C. 272, 275, 353 S.E.2d 280, 282 (1987) (stating injuries arising from aggravation of preexisting conditions are compensable); Vulcan Materials Co. v. Greenville County, 342 S.C. 480, 494, 536 S.E.2d 897, 899 (Ct. App. 2000) (“Generally, the format of a final decision is immaterial as long as the substance of the decision is sufficiently detailed so as to allow a reviewing court to determine if the decision is supported by the facts of the case.”).

AFFIRMED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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[1]   We affirm this case without oral argument pursuant to Rule 215, SCACR.