September 25, 2013 South Carolina Court of Appeals published opinion

Lee v Bondex, Inc.

Lee was awarded temporary total disability benefits based on a workplace injury. The panel, 2-1, affirmed. The majority held that the commission’s finding that the incident cased Lee’s injuries was supported by substantial evidence, namely the testimony of Lee and four doctors who the commission found more credible. The majority held substantial evidence supported the award of benefits as Bondex fired Lee because of the restrictions placed on him by his orthopedist. As Lee was only required to prove inability to do his job he held at the time of his injury, the commission properly awarded benefits. The case was remanded for determination of additional claims which were not decided in the initial hearing. The dissent argued that the award was improper because the commission needed to determine whether Lee could obtain other work not just that he could not perform the job he had when injured.

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