Nicholson v. S.C. Department of Social Services
411 S.C. 381
| S.C. | 2015Background
- Carolyn Nicholson, a DSS supervisor, tripped on hallway carpet while walking to a meeting and suffered neck, left shoulder, and left-side injuries.
- Single commissioner denied workers’ compensation, finding no causal link to employment because the fall "could have occurred anywhere."
- A split panel of the Workers’ Compensation Commission reversed, finding the fall non-idiopathic and causally connected to the carpeted workspace.
- The Court of Appeals reversed, holding the carpet was not a hazard peculiar to employment and thus the injury did not "arise out of" employment.
- The South Carolina Supreme Court granted certiorari and reversed the Court of Appeals, holding that because Nicholson fell while performing work duties and the fall occurred at work, her injury arose out of employment as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an injury "arises out of" employment when employee falls at work on a condition not unique to the workplace | Nicholson: injury is compensable because the fall occurred while performing job duties at work; need only a work-related causal connection | DSS: carpet was a common, non-peculiar hazard; because fall could have happened anywhere, no causal connection to employment | Held: Compensable — occurrence at work while performing duties establishes causal connection; no requirement that hazard be unique to employment |
| Whether claimant must prove a specific hazard or employer fault for non-idiopathic falls on level surfaces | Nicholson: No — requiring a special hazard injects fault into no-fault scheme; only causal connection required | DSS: Following Court of Appeals, claimant must show hazard or special condition caused fall | Held: Rejected — worker need not prove employer-created hazard; asking for unique danger conflicts with workers’ compensation principles |
Key Cases Cited
- Nicholson v. S.C. Dep’t of Soc. Servs., 405 S.C. 537, 748 S.E.2d 256 (Ct. App. 2013) (Court of Appeals’ decision reversing Commission award)
- Pierre v. Seaside Farms, Inc., 386 S.C. 534, 689 S.E.2d 615 (2010) (employment can create exposure to a risk even if the condition is not unique to workplace)
- Douglas v. Spartan Mills, Startex Div., 245 S.C. 265, 140 S.E.2d 173 (1965) (formulation of causal-connection test for "arising out of" employment)
- Bagwell v. Burwell, Inc., 227 S.C. 444, 88 S.E.2d 611 (1955) (discussing idiopathic falls and when workplace conditions may increase injury severity)
- Grant v. Grant Textiles, 372 S.C. 196, 641 S.E.2d 869 (2007) (when facts undisputed, compensability may be decided as matter of law)