Hargrove v. Carolina Orthopaedic Surgery Associates, PA

697 S.E.2d 641, 389 S.C. 119, 2010 S.C. App. LEXIS 88
CourtCourt of Appeals of South Carolina
DecidedJune 7, 2010
Docket4695
StatusPublished
Cited by3 cases

This text of 697 S.E.2d 641 (Hargrove v. Carolina Orthopaedic Surgery Associates, PA) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hargrove v. Carolina Orthopaedic Surgery Associates, PA, 697 S.E.2d 641, 389 S.C. 119, 2010 S.C. App. LEXIS 88 (S.C. Ct. App. 2010).

Opinion

THOMAS, J.

This is an appeal of a workers’ compensation case. The single commissioner denied benefits and medical treatment to Dorothy Hargrove based on his determination that Hargrove failed to (1) meet the statutory notice requirement and (2) prove that the problems from which she suffered resulted from a workplace accident. The appellate panel and the circuit court affirmed. We affirm as well. 1

FACTS AND PROCEDURAL HISTORY

Hargrove worked as a transcriptionist for Carolina Orthopaedic Surgery Associates, P.A., for over twenty years. Before working for Carolina Orthopaedic, she worked twenty years as a clerk and transcriptionist for the York County Hospital. She intended to retire in 2003, but delayed her retirement until the end of 2004 because an issue arose with the Social Security Administration about her correct date of birth.

In 2003, while Hargrove was at work, her chair hit a runner and turned over backwards, causing her to fall to the floor. Although no one saw her fall, two other employees heard a noise when Hargrove’s chair fell over and they helped her get up. Hargrove was embarrassed, shaken up, and sore, but continued to work that day. Hargrove maintained she promptly reported the accident to Mary Elkins, her immediate supervisor. Elkins, however, denied hearing Hargrove say she had fallen.

Hargrove first took samples of Vioxx and Bextra given to her by a technician at the office, but later consulted Dr. W. Scott James, a physician with Carolina Orthopaedic, when the medications failed to reheve her pain. Before she saw Dr. James, Hargrove clocked out for her appointment, as she was *122 required to do if her problems were not work-related. Also, when she registered as a patient of Dr. James, Hargrove did not indicate her problems were work-related even though the form specifically requested this information.

Dr. James initially diagnosed Hargrove with bursitis; however, a subsequent M.R.I. revealed a moderate extruded disc fragment inferior to the L3-4, exerting “mass effect upon the right L4 nerve root,” a central herniation at L-Sl, and a concentric disc bulge from LI through L3. Dr. James then referred Hargrove to Dr. Paul John Tsahakis, who performed a right L3-4 microendoscopic decompression. Shortly before her surgery, Hargrove applied for short-term disability benefits from Shenandoah Life Insurance Company. In addition to short-term disability, she also received five hundred sixty hours of donated sick time from other employees in the office. Several months later, Dr. Tsahakis found Hargrove reached maximum medical improvement with an impairment rating of ten percent. He also restricted her to working six hours per day.

In October 2004, Hargrove returned to work. Carolina Orthopaedic anticipated Hargrove would retire soon and had already hired someone to take her place full time; however, it assigned her tasks that students would normally perform. Hargrove continued to work until she retired at the end of 2004. By her own admission, Hargrove never told anybody that she intended to file for workers’ compensation. Furthermore, according to Elkins, Hargrove indicated that her back pain resulted from having to care for her invalid brother. Elkins stated she first became aware that Hargrove was seeking workers’ compensation benefits in April 2005, when Carolina Orthopaedic received a subpoena for Hargrove’s medical records.

On August 8, 2005, Hargrove filed a Form 50, in which she stated the causative event took place September 1, 2003. In its Form 51, Carolina Orthopaedic alleged that Hargrove’s claim “should be barred under § 42-15-20 [because] notice of injury was not given to the employer within ninety (90) days as required.” In the form, Carolina Orthopaedic further stated it “reserves its right to assert any and all defenses *123 available and applicable ... as evidence may develop in the course of discovery.”

The single commissioner heard the matter on September 12, 2006. By order dated and filed January 24, 2007, the single commissioner denied Hargrove’s claim for benefits, finding (1) Hargrove failed to meet the statutory requirement regarding notice to the employer of a workplace injury and (2) even if she had met the notice requirement, she failed to prove her current complaints resulted from her alleged workplace accident. On May 18, 2007, the appellate panel affirmed the order of the single commissioner.

Hargrove petitioned the circuit court for judicial review of the matter. Following a hearing on September 5, 2007, the circuit court issued an order affirming the appellate panel. Hargrove unsuccessfully moved to alter or amend the judgment of the circuit court and then filed this appeal.

STANDARD OF REVIEW

The South Carolina Administrative Procedures Act establishes the standard for judicial review of decisions of the South Carolina Workers’ Compensation Commission. Lark v. Bi-Lo, 276 S.C. 130, 135, 276 S.E.2d 304, 306 (1981). “[Neither this court nor the circuit court may substitute its judgment for that of the agency as to the weight of the evidence on questions of fact but may reverse if the decision if affected by an error of law.” Lockridge v. Santens of Am., 344 S.C. 511, 515, 544 S.E.2d 842, 844 (Ct.App.2001).

LAW/ANALYSIS

The decision to deny Hargrove workers’ compensation benefits, in which all prior tribunals that have adjudicated this matter concurred, was based on two independent grounds: (1) Hargrove’s failure to give Carolina Orthopaedic timely notice of her workplace accident and (2) her failure to prove the conditions for which she sought compensation resulted from the accident. If we affirm either of these grounds, we can also uphold the decision to deny workers’ compensation benefits. See Weeks v. McMillan, 291 S.C. 287, 292, 353 S.E.2d 289, 292 (Ct.App.1987) (“Where a decision is based on alternative grounds, either of which independent of the other is sufficient *124 to support it, the decision will not be reversed even if one of the grounds is erroneous.”). We base our affirmance of the denial of workers’ compensation benefits on the finding that Hargrove failed to prove that the problems for which she sought workers’ compensation benefits resulted from her accident.

I. Form 51

Hargrove first argues that because Carolina Orthopaedic did not raise the issue of causation in its Form 51, it was unfair to deny her claim on that ground. We disagree.

The South Carolina Administrative Regulations require an employer to “fully state its position and defenses, if any, replying to each specification in the [claimant’s] Form 50 or Form 52.” S.C.Code Regs. 67-603(B) (Supp.2009). Failure by the employer to file the appropriate form “shall be deemed a general

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Bluebook (online)
697 S.E.2d 641, 389 S.C. 119, 2010 S.C. App. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hargrove-v-carolina-orthopaedic-surgery-associates-pa-scctapp-2010.