Sanders v. Wal-Mart Stores, Inc.

666 S.E.2d 297, 379 S.C. 554, 2008 S.C. App. LEXIS 148
CourtCourt of Appeals of South Carolina
DecidedAugust 19, 2008
Docket4432
StatusPublished
Cited by7 cases

This text of 666 S.E.2d 297 (Sanders v. Wal-Mart Stores, Inc.) 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
Sanders v. Wal-Mart Stores, Inc., 666 S.E.2d 297, 379 S.C. 554, 2008 S.C. App. LEXIS 148 (S.C. Ct. App. 2008).

Opinion

HUFF, J.:

In this workers’ compensation action, Wal-Mart Stores, Inc. appeals from an order of the circuit court reversing the Appellate Panel of the South Carolina Workers’ Compensation Commission’s finding that Albertha Sanders’ knee injuries were not work-related. We reverse. 1

FACTS

On June 14, 2000, Albertha Sanders suffered an injury to her knee descending from a ladder while working at WalMart. Wal-Mart acknowledged the injuries arising from this accident were compensable and provided medical treatment.

After receiving treatment for her injuries by several physicians, Sanders was diagnosed with chondromalacia patella, the softening and degeneration of the tissue underneath the kneecap. Sanders was released from treatment on February 15, 2001. At the time of her release, Sanders had returned to work without restrictions, other than to avoid stooping, kneeling, and squatting whenever possible.

In September of 2002, Sanders fell down stairs in her home and suffered an injury to her knee as a result. Following this incident, Sanders received medical care for her knee from Dr. Jeffrey Holman. Sanders filed this claim seeking workers’ ■compensation benefits. Wal-Mart contested liability for this injury, asserting Sanders’ September of 2002 fall in the home was an intervening act unrelated to her previous work-related injury and was not compensable.

The single commissioner found Sanders’ knee injuries were causally related to the original injury in June of 2000 and *558 awarded Sanders temporary total disability benefits and payment of her medical expenses.

Wal-Mart appealed the findings of the single commissioner to the Appellate Panel. The Appellate Panel found the injuries in question were not causally related to her work-related incident and reversed the order of the single commissioner.

Following the Appellate Panel’s decision, Sanders appealed to the circuit court. The circuit court reversed and remanded the case to the Appellate Panel for reinstatement of the single commissioner’s order. This appeal followed.

STANDARD OF REVIEW

The Administrative Procedures Act establishes our standard of review of decisions by the South Carolina Workers’ Compensation Commission. Accordingly, this court can reverse or modify the Appellate Panel’s decision only if the appellant’s substantial rights have been prejudiced because the decision is affected by an error of law or is clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record. Shealy v. Aiken County, 341 S.C. 448, 454, 535 S.E.2d 438, 442 (2000); S.C.Code Ann. § 1-23-380(A)(5) (Supp.2007). “Substantial evidence is not a mere scintilla of evidence nor evidence viewed from one side, but such evidence, when the whole record is considered, as would allow reasonable minds to reach the conclusion the [Appellate Panel] reached.” Shealy, 341 S.C. at 455, 535 S.E.2d at 442. The possibility of drawing two inconsistent conclusions does not prevent the Appellate Panel’s conclusions from being supported by substantial evidence. Tiller v. Nat’l Health Care Ctr. of Sumter, 334 S.C. 333, 338, 513 S.E.2d 843, 845 (1999).

The Appellate Panel is the ultimate fact finder and is not bound by the single commissioner’s findings of fact. Ross v. American Red Cross, 298 S.C. 490, 492, 381 S.E.2d 728, 730 (1989). The final determination of witness credibility and the weight to be accorded evidence is reserved to the Appellate Panel. Id.

*559 LAW/ANALYSIS

I. Independent Intervening Cause

Wal-Mart argues the circuit court erred in reversing the order of the Appellate Panel. Specifically, Wal-Mart argues there was substantial evidence supporting the Appellate Panel’s finding that Sanders’ injuries from her September of 2002 fall were not causally related to her work-related accident. We agree.

It is not disputed that Sanders’ injuries from the initial fall at work are compensable. Indeed, Wal-Mart paid workers’ compensation benefits and medical expenses related to this incident. The sole issue before the Appellate Panel was whether Sanders’ injuries arising out of her September of 2002 fall are compensable. As the Appellate Panel correctly noted, every natural consequence which flows from a compensable injury, unless the result of an independent intervening cause sufficient to break the chain of causation, is compensable. Whitfield v. Daniel Constr. Co., 226 S.C. 37, 40-41, 83 S.E.2d 460, 462 (1954). The key issue for the Appellate Panel’s determination was whether the September of 2002 fall was an “independent intervening cause.”

In reversing the Appellate Panel, the circuit court held there was not sufficient evidence to support the Panel’s conclusion because “there is no finding of fact by the [Appellate Panel] that the Claimant’s subsequent fall was an independent cause.” Wal-Mart, however, argues the Appellate Panel did find Sanders’ September of 2002 fall was independent of her work-related injury.

Under the substantial evidence standard, an appellate court looks for all evidence which “would allow reasonable minds to reach the conclusion that the administrative agency reached or must have reached in order to justify its action.” Lark v. Bi-Lo, Inc., 276 S.C. 130, 135, 276 S.E.2d 304, 306 (1981) (emphasis added). However, “if a material fact is contested, the [Appellate Panel] must make a specific, express finding on it.” Aristizabal v. I.J. Woodside-Division of Dan River, Inc., 268 S.C. 366, 370-71, 234 S.E.2d 21, 23 (1977). The findings of fact of the Appellate Panel must be sufficiently detailed to enable the reviewing court to determine (1) wheth *560 er the law has been properly applied to those findings and (2) whether the findings are supported by the evidence. Brayboy v. Clark Heating Co., Inc., 306 S.C. 56, 58-59, 409 S.E.2d 767, 768 (1991).

In the present case, we must determine whether the Appellate Panel properly applied the standard articulated in Whitfield. The sole issue before the Appellate Panel was whether Sanders’ September of 2002 fall was causally related to the initial work-related accident. The Appellate Panel recognized the appropriate standard to be applied by citing and relying upon the holding of Whitfield,

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666 S.E.2d 297, 379 S.C. 554, 2008 S.C. App. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-wal-mart-stores-inc-scctapp-2008.