Welcome to Turner Padget
With five offices strategically located across South Carolina, Turner Padget has extensive experience representing clients throughout the state. Because our attorneys have a deep understanding of South Carolina’s laws and what it takes to do business in the Palmetto State, we provide our clients with straightforward, practical advice targeted at meeting their legal demands. In addition, we have experience in dealing with various out-of-state and international issues. Whether a client's needs are in South Carolina or beyond, our attorneys employ a sensible and well-reasoned approach in handling matters, and we pride ourselves in providing both effective and efficient representation to our clients.
South Carolina has Adopted the Dual Persona Doctrine
In answering a certified question from the United States District Court for the District of South Carolina, the South Carolina Supreme Court, in Mendenall v. Anderson Hardwood Floors, LLC et al. (Op. No. 27219, Feb. 13, 2013), recently held that the state recognizes the dual persona doctrine as an exception to the exclusivity provision of the Workers’ Compensation Act. Therefore, South Carolina’s employers have an increased vulnerability to civil suit even when an injury is covered by the Workers’ Compensation Act.
S.C. Supreme Court Defines “Physical Brain Damage” to Mean More than Just a Minor Concussion
The South Carolina Supreme Court recently filed opinions in two cases regarding brain injuries, and these cases make clear that an injured employee’s burden of proof in establishing a brain injury and entitlement to lifetime benefits has been heightened. In Sparks v. Palmetto Hardwood, Inc. (Op. 27229 March 6, 2013), the court limited compensability of brain injury claims where lifetime benefits are requested to only those brain injuries that are “both permanent and severe.” This rule was reaffirmed and explained in further detail in Crisp v. SouthCo., Inc. (Op. 27230 March 6, 2013).
The 2011 America Invents Act - What Else is New?
Last time, we introduced the America Invents Act (AIA), enacted September 16, 2011, and discussed the legislative and executive branches’ stated intention of fixing the “convoluted” U.S. patent process. As a result of their efforts, two sets of patent laws are in effect until March 16, 2034.
Back Yard Fun Park
A homeowner in Omaha, Nebraska is in a bitter fight with his homeowners’ association about a “fun park” he built in his backyard. The Omaha World-Herald reported in January that Eric Marsh has sued a member of the board of directors of Fire Ridge Estate’s homeowners association seeking a restraining order, and the association has filed a separate suit against Marsh seeking an injunction. Both suits are centered on certain improvements Marsh made on a lot adjacent to his home.
Maximum Weekly Compensation Rate Increases for 2013
According to the South Carolina Workers’ Compensation Commission, the maximum weekly compensation rate will increase to $743.72 for injuries that take place on and after January 1, 2013.