Wyndham v. R. A. & E. M. Thornley & Co.
Wyndham v. R. A. & E. M. Thornley & Co.
Opinion of the Court
This appeal arises from a workers’ compensation award. The industrial commissioner awarded Carroll V. Wyndham permanent disability benefits of $123.33 for up to five hundred weeks, and the full Commission affirmed. The employer, R. A. & E. M. Thornley & Co., appealed the award to the circuit court. The circuit judge reduced Wyndham’s benefits by the number of weekly payments he had received for a prior injury sustained while working for a different employer. Wyndham appeals. We reverse the circuit court order.
The facts in this case are stipulated. In 1966, Carroll V. Wyndham injured his back in the course of his employment with United Piece Dye Works. Because of that injury, he received workers’ compensation benefits for a total of two hundred forty-eight weeks. After two operations, Wyn-dham’s doctor determined he had a twenty-five to thirty
After a hearing to determine disability, the single commissioner found Wyndham was totally and permanently disabled and ordered Thornley to pay weekly compensation of $123.33 for a period not to exceed five hundred weeks. The full commission affirmed that award. The circuit judge also found Wyndham was totally and permanently disabled, but ordered the number of weekly payments reduced by the two hundred forty-eight weeks Wyndham had been compensated for his first injury. The judge based this order on his construction of two sections of the South Carolina Code of Laws. First, he concluded Section 42-9-10 imposes a five hundred week lifetime limit on the period for which an employee may receive payments to compensate for disability of any body part. Second, the judge found that under Section 42-9-150, Wyndham ws entitled to compensation only for the degree of disability the second injury would have caused without the prior impairment.
Wyndham argues the circuit judgé erred because (1) an employee’s failure to comply with the written record requirement in Section 42-9-400(e) does not bar a previously impaired employee from receiving further benefits and (2)
I.
We first address Wyndham’s contention that an employee is entitled to total compensation for impairment after a second injury despite the employer’s failure to comply with the written record requirement in Section 42-9-400(c).
Section 42-9-150 entitles a worker who suffers a second injury in different employment to “compensation only for the degree of disability which would have resulted from the later accident if the earlier disability or injury had not existed, except that such employee may recover further benefits as provided by §§ 42-7-310, 42-9-400 and 42-9-410 Title [sic] if his disability qualifies for additional benefits provided therein.” Sections 42-7-310, 42-9-400, and 42-9-410 all relate to the Second Injury Fund.
Thornley has argued, and the circuit judge agreed, that an employee’s eligibility for full compensation under 42-9-400 is conditioned upon compliance with all the requirements within that section. Section 42-9-150, however, entitles an employee to additional benefits if the employee’s injury qualifies under the cited statutes. Section 42-9-400(a) provides that an employer “shall in the first instance pay all awards of compensation and medical benefits provided by [Title 42 of the South Carolina Code of Laws]” to an employee who “has .a permanent physical impairment from any cause or origin [and] incurs a subsequent disability from injury by accident arising out of and in the course of his employment.” Thus, any employee so situated qualifies for full compensation. The written record requirement in Section 42-9-400(c) was merely a condition of the employer’s eligibility to recover from the Second Injury Fund. The employee may qualify for compensation even if, as here, the employer is not entitled to reimbursement.
One of the purposes behind establishing the Second Injury Fund was to encourage employers to hire handicapped persons by providing reimbursement to the employer or insurer for compensation paid as a result of a second injury. Boone’s Masonry Construction Co. v. South Carolina Second Injury Fund, 267 S. C. 277, 227 S. E. (2d) 659
II.
We next consider whether Section 42-9-10 prohibits Wyn-dham from receiving more than five hundred weeks of compensation for multiple disability of the same members.
Section 42-9-10, as in force at the time of Wyndham’s injury, provided: “When the incapacity for work, resulting from an injury is total, the employer shall pay ... to the injured employee during the total disability, a weekly compensation ... and in no case may the period covered by the compensation exceed five hundred weeks except as hereinafter provided.” (Emphasis added.)
For these reasons, the order of the circuit court is Reversed.
At that time the back was not a scheduled member under Section 72-153, Code of Laws of South Carolina, 1962.
A 1982 amendment deleted the written record requirement from Section 42-9-400(c).
The current version of Section 42-9-10 contains slightly altered language, but the import is the same.
Reference
- Full Case Name
- Carroll V. WYNDHAM, Employee v. R. A. & E. M. THORNLEY AND COMPANY, Employer, and Home Insurance Company, Carrier
- Cited By
- 3 cases
- Status
- Published