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Practices + Industries

Workers’ Compensation

Overview

Turner Padget’s Workers’ Compensation team has the experience and ability to handle the most complicated claims. Each attorney on the team has the knowledge to help to bring your case to a successful resolution. Our group consists of talented attorneys who evaluate the exposure of each case and aim to use the most cost effective means of resolving every case we handle. We have a true understanding of how each claim affects employers and insurance companies. With offices in Columbia, Charleston, Florence, Greenville and Myrtle Beach, our team covers client needs throughout the state.

In addition to their trial practice, Mike Chase and Cindy Dooley are also certified circuit court mediators. Mediation continues to be a great resource to help bring your most difficult cases to a good resolution.

Representative Engagements

•Represented a national trucking company against an alleged work place accident filed by a claimant who contended she was injured while entering her work truck. We worked closely with the third-party administrator and employer and conducted discovery that revealed contradictory evidence. Through rigorous cross-examination, the claimant was found not credible and the claim for benefits was denied.

•Represented a local manufacturing employer in a repetitive trauma claim which resulted in a favorable outcome for the employer/carrier. An appeal was filed and mediation ensued. We worked closely with the local employer representative and were able to reach a successful resolution at mediation.

•Represented a local site clearing company against the owner/operator who claimed a shoulder injury also affected his arm, entitling him to a general disability award. The claim was litigated and the single commissioner disagreed and found that the injury was limited to the shoulder under the Singleton decision. The single commissioner rationalized that if an amputation would have occurred, the claimant would not have been compensated for the fingers, hand, arm, and shoulder, but compensation would have been limited to the greatest member, the shoulder.

•The claimant worked at a plant where synthetic yarn was made and was exposed to synthetic yarn fibers. She filed a workers’ compensation claim, alleging she had developed pulmonary and lung problems in the form of either an injury by accident or occupational disease as result of exposure to yarn fibers.

The case was aggressively defended. The defendants were able to establish that the claimant actually suffered from a condition called hypersensitivity pneumonitis. This condition was not caused by synthetic yarn fibers but rather organic molds. The claimant hired an out-of-state expert who rendered an opinion that the claimant’s hypersensitivity pneumonitis came from exposure to  something at work. The local physician who had diagnosed the claimant, though, rendered an opinion that the molds are ubiquitous in the atmosphere.

The matter went to a hearing before a Single Commissioner. The Single Commissioner listened to all of the witnesses and reviewed all the evidence. She denied the compensability of the claim. She specifically found that the claimant failed to prove that any of the molds in question existed in sufficient quantity at the claimant’s place of employment to cause her problem. This was good news for the defense since, if compensable, this may well have been a permanent and total disability claim with lifetime causally related medical treatment.