White v. Medical University

586 S.E.2d 157, 355 S.C. 560, 2003 S.C. App. LEXIS 125
CourtCourt of Appeals of South Carolina
DecidedAugust 11, 2003
DocketNo. 3671
StatusPublished
Cited by6 cases

This text of 586 S.E.2d 157 (White v. Medical University) 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
White v. Medical University, 586 S.E.2d 157, 355 S.C. 560, 2003 S.C. App. LEXIS 125 (S.C. Ct. App. 2003).

Opinion

HEARN, C.J.:

In this workers’ compensation case, the commission found that Anthony White’s claim was barred by the applicable statute of limitations. White appealed to the circuit court, which reversed the commission, finding White’s claim was not barred by the statute of limitations, and awarded benefits. White’s employer, the Medical University of South Carolina (MUSC) appeals, arguing the circuit court erred in (1) not dismissing the claim for White’s failure to set forth sufficient grounds for appeal in his petition for judicial review; (2) finding the commission’s decision was not supported by substantial evidence; and (3) determining that MUSC was es-topped from asserting the statute of limitations as a defense. We affirm.

FACTS/PROCEBURAL HISTORY

White worked at MUSC as an operating room technician/nursing assistant. His job duties included removing trash bins from the operating room, moving equipment, lifting patients, and transporting patients to and from other rooms. Larger patients were transported by way of a 1500-pound bed called a “big-boy” bed.

[563]*563In 1997, White complained to his supervisor that he had hurt himself, and he sought medical treatment from Dr. G.T. Little, complaining primarily of poor circulation in his legs. Dr. Little’s notes from that day indicated that White also complained of severe lower back pain; however, the notes further stated that White “had no injuries to the back that [White] is aware of.” The injury did not prevent White from returning to work, nor was White put on any light duty restrictions or work restrictions.

The record indicates White went to his family physician, Dr. F.C. Walker, on February 2, 1999. Dr. Walker treated White for flu symptoms and noted that White complained “of some back pain in the lower thorax.” White again saw Dr. Walker on February 26, 1999, and Dr. Walker’s notes indicated that White was experiencing some back pain at that time. White also saw Dr. Walker on November 1,1999, and on that date he complained of muscular thoracic pain.

On April 12, 2000, White saw Dr. Elizabeth Rittenberg for low back pain radiating into both legs. In her report, Dr. Rittenberg noted that White had had low back pain for several years but it had gotten worse in the three weeks prior to his visit. In her notes from a visit on April 24, 2000, Dr. Rittenberg stated that an MRI scan of White showed a small midline L4, 5 disc herniation.

White filed a Form 50 seeking workers’ compensation benefits on December 6, 2000. The single commissioner denied the claim, finding it was barred by the two-year statute of limitations. S.C.Code Ann. § 42-15-40 (Supp.2002). The full commission affirmed. White appealed to the circuit court, which reversed and remanded the matter back to the commission. The circuit court found a reasonable person would not have been on notice that he suffered a work-related claim prior to April 2000. Because it found the statute of limitations did not begin to run until that date, the circuit court found White’s claim was not barred. The court also found that substantial evidence existed to support White’s position that he suffered a disc herniation as a result of repetitive trauma. MUSC appeals.

[564]*564STANDARD OF REVIEW

“The South Carolina Administrative Procedures Act (APA) establishes the standard for judicial review of decisions of the Workers’ Compensation Commission.” Corbin v. Kohler Co., 351 S.C. 613, 617, 571 S.E.2d 92, 94-95 (Ct.App.2002) (citing Gibson v. Spartanburg Sch. Dist. No. 3, 338 S.C. 510, 526 S.E.2d 725 (Ct.App.2000); Hamilton v. Bob Bennett Ford, 336 S.C. 72, 518 S.E.2d 599 (Ct.App.1999)). “In an appeal from the Commission, this Court may not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact, but may reverse where the decision is affected by an error of law.” Corbin, 351 S.C. at 617, 571 S.E.2d at 95 (citing Hamilton, 336 S.C. at 76, 518 S.E.2d at 601). “The appellate court’s review is limited to deciding whether the Commission’s decision is unsupported by substantial evidence or is controlled by some error of law.” Id. “The findings of an administrative agency are presumed correct and will be set aside only if unsupported by substantial evidence.” Id. (citing Hicks v. Piedmont Cold Storage, 335 S.C. 46, 515 S.E.2d 532 (1999); Broughton v. South of the Border, 336 S.C. 488, 520 S.E.2d 634 (Ct.App.1999)).

LAW/ANALYSIS

I. Sufficiency of White’s Notice of Appeal

MUSC first argues White’s appeal should have been dismissed by the circuit court for failure to set forth sufficient grounds for appeal in his petition for review. We disagree.

The commission adopted the single commissioner’s order, which concluded as a matter of law that White had not met the two-year statute of limitations. The commission thus denied the claim. In his notice of appeal, White stated the following exception to the ruling: “The Full Commission erred in finding as a fact and concluding as a matter of law that the Claimant was not entitled to benefits under the South Carolina Workers’ Compensation Act.”

Section 42-17-60 of the South Carolina Code (1985) states that “[njotice of appeal [to the circuit court from the commission] must state the grounds of the appeal or the alleged errors of law.” In Solomon v. W.B. Easton, Inc., 307 S.C. 518, [565]*565415 S.E.2d 841 (Ct.App.1992), an injured worker’s exception that “the facts found by the commission were not supported by credible evidence” was specific enough to satisfy the notice requirements of section 42-17-60.1 White’s exception, attacking the commission’s findings of fact and conclusions of law, is substantially similar to the one upheld in Solomon.

In White’s case, the commission’s findings of fact and conclusions of law only addressed the statute of limitations issue; thus, White’s notice of appeal was sufficient to direct the circuit court to the error complained of and allow the court to determine whether the ruling was erroneous. Both the court and MUSC were on notice that White believed the commission erred in finding he was not entitled to benefits. Thus, we find no error.

II. Statute of Limitations

MUSC next argues the circuit court erred in finding the commission’s decision was not supported by substantial evidence. We disagree.

The commission found that White’s claim was barred by the statute of limitations because White “either knew or should have known that repetitive lifting of patients and gurneys was causing injury to his back as far back as 1997.” In reversing the commission, the circuit court found, inter alia, there was substantial evidence to support White’s position that he suffered disc herniation as a result of repetitive trauma.

A repetitive trauma injury has a “gradual onset caused by the cumulative effect of repetitive traumatic events or ‘mini-accidents.’ ”

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Bluebook (online)
586 S.E.2d 157, 355 S.C. 560, 2003 S.C. App. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-medical-university-scctapp-2003.