Brandon Hylton and Sam Sammataro Prevail in Workers’ Compensation Matter
The claimant alleged injury to his left knee by repetitive trauma and by accident from a fall from his truck that occurred while making a delivery.He sought additional medical examination and treatment, temporary total disability payments, and a finding of permanent disability. The claimant also alleged he injured his right knee when he fell because of the weakened condition of his left knee. The employer and carrier denied the claim on the basis that no evidence supported claimant’s contention that his injuries arose out of and in the course and scope of his employment. The single commissioner found both falls to be compensable as a work-related injury and subsequent re-injury to the left knee. The commissioner found employer and carrier responsible for all causally related medical treatment for the left knee, as well as continuing medical treatment and temporary total disability payments. The single commissioner rejected the claimant’s contention that the left knee injury resulted from repetitive trauma and that he sustained any injury to the right knee. On review, the Commission’s Appellate Panel reversed the single commissioner’s findings with regard to the left knee injury and affirmed the denial of benefits for the alleged right leg injury. A unanimous panel of the South Carolina Court of Appeals affirmed the panel’s ruling.