July 30, 2014 South Carolina Supreme Court published opinions

State Accident Fund v South Carolina Second injury Fund (In re Adger)

Accident Fund sought reimbursement from Injury Fund under South Carolina Code 42-9-400 arguing Adger’s preexisting diabetes resulted in higher medical expenses when he injured his knee on the job. The worker’s compensation commission rejected its claim. On certified appeal, the Court, with one justice concurring in result only, reversed and remanded. It held that the commission failed to apply the presumption in 400 that Adger’s diabetes was a permanent disability, erred in finding the presumption rebutted given the evidence that Adger suffered tingling in his foot after knee replacement surgery resulting in the need for special footwear and failed to apply 400’s increased medical expenses prong which was satisfied here based on the testimony of the treating physician. The case was remanded to calculate the amount of reimbursement owned by Injury Fund.

In the matter of Robert Paul Taylor

Taylor submitted fabricated evidence in his bar investigation and abandoned a client. He agreed to disbarment. The Court disbarred Taylor retroactive to his interim suspension and ordered that he complete the bar’s ethics, trust fund and office management courses prior to seeking readmission.

In the Matter of James Watson Smiley IV

Smiley failed to maintain trust fund account records, agreed to a plea deal for a client without notifying the client before or after the negotiations and failed to provide information to the bar in a timely manner during his investigation. He agreed to discipline and the Court publicly reprimanded him and ordered him to pay the costs of the investigation and pass the bar’s ethics and trust fund courses within six months.

This entry was posted in Uncategorized and tagged , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s