Murphy v. Owens Corning
393 S.C. 77
| S.C. Ct. App. | 2011Background
- Murphy, a sliver handler at Owens Corning, performed overhead, repetitive glass-handling work for years, bending and reaching above her head.
- She developed neck pain, headaches, and finger tingling between 2003–2005, with medical notes suggesting work rigors contributed.
- In 2007, imaging showed cervical spondylosis with disc bulging; doctors linked symptoms to repetitive work and extended posture.
- The Workers' Compensation Commission found a direct causal connection between her job's repetitive activities and aggravation of her condition.
- Appellants argued the claim should be governed by post-2007 statutory changes governing repetitive trauma; Murphy argued for compensability under prior law.
- On review, the South Carolina Court of Appeals affirmed the award as modified, addressing notice, 42-1-172, and aggravation issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Murphy's notice timely and proper under 42-15-20/42-15-40? | Murphy's notice was timely per 9/7/2007 discovery date. | Notice should have been earlier based on 2004 records indicating awareness. | Substantial evidence supports timely notice. |
| Does 42-1-172 govern compensability of Murphy's repetitive trauma injuries? | Repetitive trauma injuries are compensable under 42-1-172 with medical-causal proof. | The award should be under 42-1-160, not 42-1-172. | Affirmed as modified: findings satisfy 42-1-172 requirements. |
| Is Murphy entitled to benefits for aggravation of a pre-existing condition under 42-9-35? | Aggravation of underlying neck condition by repetitive work merits compensation. | Pre-existing condition aggravation requirements not met. | Affirmed as modified: evidence supports aggravation under 42-9-35. |
Key Cases Cited
- Etheredge v. Monsanto Co., 349 S.C. 451, 562 S.E.2d 679 (Ct.App. 2002) (liberal notice construction for repetitive trauma cases)
- Rogers v. Spartanburg Reg'l Med. Ctr., 328 S.C. 415, 491 S.E.2d 708 (Ct.App. 1997) (notice standards in workers' compensation disputes)
- Callahan v. Beaufort Cnty. Sch. Dist., 375 S.C. 92, 651 S.E.2d 311 (Ct.App. 2007) (affirming modified rulings where statutory form wasn't strictly followed)
- Dykes v. Daniel Constr. Co., 262 S.C. 98, 202 S.E.2d 646 (1974) (substantial compliance doctrine in statutory interpretation)
- McCraw v. Mary Black Hosp., 350 S.C. 229, 565 S.E.2d 286 (2002) (standard for timely filing under statute of limitations)
- Anderson v. Baptist Med. Ctr., 343 S.C. 487, 541 S.E.2d 526 (2001) (aggravation of a pre-existing condition framework)