Potter v. Spartanburg School District 7
395 S.C. 17
| S.C. Ct. App. | 2011Background
- Potter suffered a December 19, 2003 fall from a ladder while performing maintenance for Spartanburg School District 7, leading to a right femur fracture and minor facial laceration.
- CT head imaging on the day of the fall showed a small amount of supratentorial blood, which later subsided without new issues.
- Potter received temporary total disability benefits and medical care; later neuropsychological and psychological evaluations indicated cognitive issues and mood disturbances.
- Treating physicians assessed a 30% right-leg impairment; a neuropsychologist Diagnosed cognitive disorder residuals of traumatic brain injury with sleep disturbance and depression.
- Defense: Potter sought recognition of brain damage and psychological/mental injury; District denied permanent brain damage and permanent disability; circuit and appellate panels affirmed the denial.
- Circuit court affirmed the Appellate Panel’s findings that Potter did not sustain physical brain damage causally related to the accident; the psychological overlay did not produce permanent partial disability; overall decision affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Potter has physical brain damage causally related to the accident | Potter argues brain damage from the fall is proven by medical evidence. | Appellate Panel correctly weighed medical evidence and Dr. Waid's opinion; brain damage not proven. | No reversible error; brain damage not established. |
| Whether only the right leg impairment exists after the accident | Potter contends other impairments exist beyond the right leg. | Panel credited compensable injury to the right leg; no other body part impairment proven. | Right-leg impairment established; no additional permanent impairments found. |
| Whether Potter sustained a psychological/mental injury with disability | Potter argues psychological overlay constitutes disability. | Evidence shows psychological overlay but no permanent disability. | Psychological overlay acknowledged but not a permanent impairment. |
| Whether Potter is permanently and totally disabled | Potter claims total disability due to brain/psychological injuries. | No basis for permanent total disability. | Not permanently and totally disabled. |
Key Cases Cited
- McLeod v. Piggly Wiggly Co., 280 S.C. 466 (Ct.App.1984) (weights expert credibility and expertise in neurologic injury claims)
- Tiller v. National Health Care Center, 334 S.C. 333 (1999) (medical evidence not always required; panel weighs all evidence)
- Ballenger v. S. Worsted Corp., 209 S.C. 463 (1946) (Appellate Panel weighs lay and expert testimony in causation)
- Shealy v. Aiken Cnty., 341 S.C. 448 (2000) (credibility and weight of evidence rest with Appellate Panel)
- Sanders v. MeadWestvaco Corp., 371 S.C. 284 (Ct.App.2006) (court may disregard medical experts' opinions with other competent evidence)
- Roper v. Kimbrell's of Greenville, 231 S.C. 453 (1957) (court's duty to weigh testimony lies with the Panel)
- In the Matter of the Care & Treatment of McCracken, 346 S.C. 87 (2001) (abandoned issues require specific authority; supports need for grounded argument)