Williams v. Allegis Group ( 2012 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Harry Williams, Appellant,
v.
Allegis Group & American Home Assurance,
Respondents.
Appellate Case No. 2011-184146
Appeal From Richland County
J. Ernest Kinard, Jr., Circuit Court Judge
Unpublished Opinion No. 2012-UP-530
Submitted August 1, 2012 – Filed September 19, 2012
AFFIRMED
Thomas Pinckney Bellinger, of McWhirter Bellinger &
Associates, PA, of Lexington, for Appellant.
Stephen Lynwood Brown, Francis Drake Rogers, III, and
Russell Grainger Hines, all of Young Clement Rivers,
LLP, of Charleston, for Respondents.
PER CURIAM: Harry Williams (Employee) appeals the circuit court's order
affirming the order of the Appellate Panel of the South Carolina Workers'
Compensation Commission (Appellate Panel) awarding him fifteen percent
permanent partial disability for his back. On appeal, Employee argues the circuit
court erred in finding substantial evidence exists to support the Appellate Panel's
finding Employee was not entitled to permanent total disability for his back.
Because we find substantial evidence exists to support the circuit court's order
affirming the Appellate Panel's finding Williams was not permanently and totally
disabled and his injury was limited to his back, we affirm1 pursuant to Rule
220(b), SCACR, and the following authorities:
1. As to whether the circuit court erred in finding substantial evidence existed
to support the Appellate Panel's finding that the injury was limited to the back:
S.C. Code Ann. § 42-9-10 (Supp. 2011) (providing three ways for a claimant to
obtain total disability); S.C. Code Ann. § 42-9-30 (1976 and Supp. 2011)
(providing for scheduled member injuries); Singleton v. Young Lumber Co., 236
S.C. 454, 471, 114 S.E.2d 837, 845 (1960) ("Where the injury is confined to the
scheduled member, and there is no impairment of any other part of the body
because of such injury, the employee is limited to the scheduled compensation,
even though other considerations such as age, lack of training, or other conditions
peculiar to the individual, effect a total or partial industrial incapacity. To obtain
compensation in addition to that scheduled for the injured member, claimant must
show that some other part of his body is affected." (emphasis added)).
2. As to Employee's loss of earning capacity argument: Futch v. McAllister
Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999)
(noting an appellate court need not address appellant's remaining issues when its
determination of a prior issue is dispositive); Therrell v. Jerry's Inc., 370 S.C. 22,
26 n.2, 633 S.E.2d 893, 895 n.2 (2006) ("To seek a general disability award, a
claimant who has suffered a scheduled injury must show that the injury affects
some other part of his body and has resulted in a loss of earning capacity." (citing
Singleton v. Young Lumber Co., 236 S.C. 454, 471, 114 S.E.2d 837, 845 (1960)
(emphasis added))).
AFFIRMED.
HUFF, THOMAS, and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.