Sep 19, 2012 | Uncategorized, Workers' Compensation
In a new workers’ compensation decision, the South Carolina Supreme Court actually excluded from the substantial evidence standard speculative testimony that benefited the employer, not the employee.
In review of workers’ compensation cases, the standard for reviewing decisions of the workers’ compensation commissioners is whether there is substantial evidence in support.
In this case, Hutson v. SC State Ports Authority, the only issue on appeal was whether a specific bit of testimony was speculative, and thus unable to support a ruling for wage loss.
Facts: Hutson, the employee, had been a crane operator for the port authority. He was injured while trying to remove a container from a ship, presumably manually rather than with the crane. The injury was to his lower back and legs. After shrugging the injury off as a pulled muscle, his doctor diagnosed him with a disc bulge at L2-3 and spondylosis at L5-S1. His treatment included steroid injections, physical therapy, and use of a back brace.
The problem: In testimony, Hutson mentioned that he dreamt of starting a restaurant with the workers’ compensation money he was expecting to get. This is a problem because although Hutson had never owned or worked in a restaurant and had worked as a crane operator most recently, operating a restaurant requires standing up which would defeat wage loss if substantiated.
Obviously, this is quite speculative, but the single commissioner, the workers’ compensation commission panel, and the court of appeals accepted it as substantial evidence to defeat claim of wage loss. The Supreme Court rejected the testimony as unsupported by fact and only by the injured employee’s overly hopeful testimony. It preferred use of the facts that he lost a great deal of the use of his back and the facts that he no restaurant experience and had lost the ability to work in his lucrative crane operator gig.
Fort Mill Workers’ Compensation Attorney
If you or someone you know has been injured or killed in an accident on the job, you need a serious workers’ compensation law firm. Contact our workers’ compensation attorneys at 877-374-5999. We’ll give you the help you need to get the recovery you deserve.
Sep 19, 2012 | Brain Injury/Head Trauma, Premises Liability, Trucking/Tractor-Trailer Accidents, Uncategorized, Wrongful Death
A missing persons case came to a tragic end late Tuesday night when an elderly woman was struck and killed along Interstate 85.
The crash occurred around midnight along the southbound land of I-85 near Freedom Drive. Authorities say that the 76-year-old woman, who was in the early stages of dementia, was struck and killed just an hour after being reported missing.
The woman was last seen leaving her home, and told neighbors she was going to get her nails done.
She was later spotted by a driver walking into oncoming traffic before she was struck. According to State Highway Patrol, she was hit by two semi trucks traveling southbound. The drivers told authorities that the woman appeared out of nowhere, and that they attempted to swerve, but there was no time. Authorities say that there was nothing the drivers could have done to avoid the crash.
Troopers believe that the woman was disoriented and did not know where she was. According to the woman’s two sons, she had been to the neurologist just last Tuesday at the hospital.
No charges are being filed against the drivers who hit the woman.
Charlotte Head Injury Attorneys
Most pedestrians are hit when attempting to cross the road at places other than intersections. In fact, 63 percent of elderly pedestrian fatalities that occurred in 2010 were at non-intersection locations. With the transportation environment becoming increasingly more complex, and the dominance of vehicles with high speeds and heavy traffic volumes on the main roads, high demands are being placed on pedestrian safety, particularly with regard to the elderly. Yet, people of all populations can be impacted and all pedestrians should protect themselves by staying alert and informed when walking near roads and highways. A few simple tips for pedestrians include walking on the sidewalk. When there is no sidewalk and walking along the road is necessary, walk in the direction facing traffic. When crossing the street, look left, right, and then left again for traffic. Cross marked sidewalks and obey signals. Lastly, make sure drivers can see you by wearing brightly colored clothing.
If you or someone you love has been injured due to a pedestrian accident, call the Accident Attorneys of Reeves, Aiken, and Hightower to discuss your recovery plan. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. Hire the best pedestrian accident attorneys with whom you can invest the most confidence!
Sep 19, 2012 | Bus Accidents, Car Accidents, Child Accidents, Personal Injury, Uncategorized
Police are searching for the driver that is responsible for running a school bus full of students off a road near Lancaster Wednesday morning.
The suspect was driving a white, four-door Chevy car. The driver forced the bus off Highway 521 into a telephone pole and then fled the scene.
24 Andrew Jackson Middle School students were on board that day. Luckily, no one was injured.
Rock Hill Bus Accident Attorneys
Since 2001, almost 1,400 people have died in school transportation related crashes. Of the 363,839 crashes that occurred between the years 2001-2010, 1,236 were classified as school related transportation crashes. Every day, millions of parents across the United States trust a school bus driver with their child’s safety. However, with motor vehicle travel being the most common mode of transportation in the country, accidents are bound to happen to even the most careful drivers.
Whether it’s the ride to school, work, or play, the Bus Accident Attorneys of Reeves, Aiken, and Hightower understand that even most cautious drivers can be involved in a serious accident. When you or someone you love has been involved in a serious accident, our seasoned litigators can be there to assist you on your path to recovery. We can investigate all aspects of the accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. Hire the best bus accident attorneys with whom you and your loved ones can invest the most confidence.
Sep 19, 2012 | Car Accidents, Personal Injury, Uncategorized
Two lanes on Interstate 77 north near WT Harris Boulevard and Interstate 485 were closed while North Carolina Highway Patrol and firefighters searched for the victims involved in a crash that sent two cars off the road and into the woods.
The crash occurred around 9:20 pm, and first responders reported seeing two cars that had gone off the highway. Two people, one from each vehicle involved in the crash, were taken to Carolinas Medical Center-Main to be treated for serious injuries.
According to authorities, alcohol is suspected to have played a roll in the crash.
Charlotte Car Accident Attorneys
The rate of traffic deaths that occur at night are three times higher than those that occur during the day. Night driving presents an entirely new set of hazards that many drivers may not be aware of or don’t know effective ways to deal with them. The most obvious reason for this is the fact that it is dark. This fact is particularly significant since an alarming ninety percent of a driver’s reaction depends on vision, which is severely limited at night. After sundown, depth perception, peripheral vision, and color recognition are all compromised. Therefore, taking a few simple precautions could make a difference of life or death for you and your loved ones. If you are driving at night, be sure that your car is prepared for driving. Ensure that all of your lights are working properly and are properly aimed. Never drink and drive and avoid smoking while driving. Reduce your speed and increase your following distances. If you find yourself fatigued, make frequent stops for light snacks and/or exercise.
The Car Accident Attorneys of Reeves, Aiken, and Hightower understand that even most cautious drivers can be injured in a serious car accident no matter what time of day. When you or someone you love has been involved in a serious accident, our seasoned litigators can be there to assist you on your path to recovery. We can investigate all aspects of the accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. Hire the best accident attorneys with whom you and your loved ones can invest the most confidence.
Sep 19, 2012 | Brain Injury/Head Trauma, Car Accidents, Uncategorized
A car collision took place last Thursday evening, where two Fort Mill motorists were travelling in the opposite direction and hit each other ” head-on.” Due to the accident, the Fort Mill police and fire departments had to block off Springfield Parkway, near Merritt Road to investigate the collision. The accident involved a 22-year-old man from Lancaster, and a 33-year-old man from Indian Land.
It has been reported that both vehicles were “sedan-type” vehicles that both had to be towed. The two drivers were driving on opposite sides of the road, and somehow, one of the cars passed over the double-yellow line into the other lane. It was at that moment the two cars collided. One of the drivers is reported to of suffered a head injury, while the other is suffering from a leg injury. It has not yet been determined whether or not the injuries are life-threatening, however, the accident was severe enough that both drivers were transported via helicopter instead of by ambulance.
The Fort Mill Head Injury Attorneys
I, like many of you reading this blog, am a fellow Fort Mill resident, and travel Springfield Parkway on my way to work everyday. It is a tragedy to know that two individuals have suffered injuries due to the a collision on one of our highly traveled roads. There are three different schools located on this road. There are stretches of this particular road that are not too well-lit. In fact, at times even I am frightened to travel that road at night.
If you or a loved one find yourselves in the same situation, and suffer a head injury due to any sort of serious accident, please contact the law offices of Reeves, Aiken, and Hightower. Litigation maybe the only avenue to take to recover the medical costs and other damages that you may have lost. For more information on your options, please call us at 877-374-5999 for a private consultation to evaluate your case. Hire the best South Carolina Head Injury Attorneys with whom you have the most confidence!
Sep 19, 2012 | Car Accidents, Uncategorized
There was a deadly motorcycle accident Saturday morning on Edmund Highway in Lexington, South Carolina, near Columbia.
The 45 year old motorcycle rider died when he ran into the rear of a pick-up truck. Current police reports do not show if any driver was ticketed, but rear-end collisions rarely result in tickets for the person rear-ended.
The biker died at the Lexington scene from head and body trauma.
The accident investigation is being conducted by the Lexington County Coroner’s office, the South Carolina Highway Patrol, and the Lexington County Sheriff’s Department.
Columbia Car Accident Attorneys
If you or someone you know has been injured or killed in any sort of accident, you need serious personal injury representation. Call the attorneys of Reeves, Aiken & Hightower at 877-374-5999. We can help you get your best possible recovery.
