Nicholson v. South Carolina Department of Social Services

748 S.E.2d 256, 405 S.C. 537, 2013 S.C. App. LEXIS 214
Court of Appeals of South Carolina·Decided September 4, 2013·No. Appellate Case No. 2012-206507; No. 5171·Published·Cited by 2 cases

Opinions

GEATHERS, J.:

South Carolina Department of Social Services (DSS) appeals the Appellate Panel of the South Carolina Workers’ Compensation Commission’s (the Commission) finding that Carolyn Nicholson sustained compensable injuries to her neck, back, and left shoulder when she fell while walking in a carpeted hallway of her workplace. DSS argues the Commission erred because Nicholson’s injuries did not arise out of her employment, as the Workers’ Compensation Single Commissioner (Single Commissioner) previously found. We reverse.

FACTUAL/PROCEDURAL HISTORY

The facts in this case are undisputed. Nicholson worked as a supervisor in the investigations department of DSS. As a part of her job with DSS, she attended weekly audit meetings to review and update case files. On February 26, 2009, Nicholson was scheduled for an audit meeting, which was held on the lower floor of DSS’s building. She grabbed a stack of files and began walking down the hallway to the meeting. While walking down the hallway, Nicholson’s shoe scuffed the carpet, and she fell onto her left side. As a result of the fall, Nicholson sustained injuries to her neck, back, and left shoulder.

On January 3, 2011, Nicholson filed a Form 50, alleging she sustained compensable injuries by accident arising out of and in the course of her employment as a result of the fall. Nicholson sought payment for past medical treatment, additional medical treatment for her neck, back, and left shoulder, and temporary total disability benefits from February 26, 2009, to April 13, 2009, the days she was out of work. DSS [541] and its insurance carrier, State Accident Fund, admitted Nicholson fell at work but denied she sustained compensable injuries by accident arising out of her employment.

A hearing before the Single Commissioner was held on March 16, 2011. At the hearing, Nicholson testified her leg did not give way, and she had no health problems that would cause her to fall. During direct examination, Nicholson was specifically asked if she could offer any opinion as to the cause of her fall, and she answered as follows:

Q. So, what is it that you think caused you to fall?
A. Friction from the carpet.
Q. Did your foot get stuck?
A. Yes, from the friction. As I went to walk, the friction from the carpet just grabbed me and I fell.

Nicholson further testified the hallway had a normal, level, carpeted floor that was free from defect, and there was no debris on the floor. Although Nicholson was carrying ten case files weighing approximately fifteen pounds at the time of her fall, she testified that the flies did not cause her to fall.

On April 26, 2011, the Single Commissioner issued an order finding Nicholson did not prove by a preponderance of the evidence that her alleged injuries arose out of her employment. Specifically, the Single Commissioner found Nicholson did not prove a causal connection between her fall and her employment because the fall was “wholly unrelated to her employment with [DSS].” The Single Commissioner found the floor was carpeted, level, and free from defect and, therefore, concluded Nicholson’s employment was not a contributing cause because “there was nothing peculiar about the floor at [DSS]’s building that caused her to fall.” Additionally, the Single Commissioner determined Nicholson’s employment did not contribute to the effect of her fall because the fall “would have carried the same consequences had she fallen on a carpeted floor outside” the DSS building. In support, the Single Commissioner referenced Nicholson’s own testimony that the files she carried did not cause or contribute to her fall. Based on these findings, the Single Commissioner denied Nicholson’s claim for benefits. The Single Commissioner discussed Bagwell v. Ernest Burwell, Inc., 227 S.C. 444, 88 S.E.2d 611 (1955), in support of his conclusion.

[542] Nicholson appealed to the Commission, which reversed the Single Commissioner’s determination that Nicholson did not sustain compensable injuries. The Commission discussed Pierre v. Seaside Farms, Inc., 386 S.C. 534, 689 S.E.2d 615 (2010), in support of its findings. As to the specific findings, the Commission found that Nicholson’s injuries did not result from an idiopathic1 or unexplained fall because Nicholson identified a specific, non-internal reason for the fall — her shoe scuffing the carpet. The Commission, therefore, concluded that because the fall was not idiopathic, the analysis in Bag-well was inapplicable. The Commission also determined “the files did not cause or contribute to [Nicholson’s] fall.” Nevertheless, the Commission found Nicholson’s employment was a contributing cause to her fall, and it was irrelevant that the fall could have happened on any other level, carpeted surface because the fall happened as a result of a risk associated with the conditions under which she worked. As a result, the Commission determined that the fall arose out of Nicholson’s employment because “it bore a special relation to her work and the conditions under which she worked,” because “she was required to work in a carpeted area.” This appeal followed.

ISSUE ON APPEAL

Did the Commission err in finding Nicholson sustained compensable injuries arising out of her employment with DSS, thus entitling her to medical and compensation benefits?

STANDARD OF REVIEW

Free access — add to your briefcase to read the full text and ask questions with AI

Nicholson v. South Carolina Department of Social Services, 748 S.E.2d 256, 405 S.C. 537, 2013 S.C. App. LEXIS 214 (S.C. Ct. App. 2013).

748 S.E.2d 256 (Nicholson v. South Carolina Department of Social Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Nicholson v. S.C. Department of Social Services
769 S.E.2d 1 (Supreme Court of South Carolina, 2015)