Skinner v. Westinghouse Electric Corp.
394 S.C. 428
S.C.2011Background
- Skinner, employed by Westinghouse, was exposed to asbestos at the Hampton plant for years.
- He developed asbestosis and COPD, with medical evidence of occupational disease linked to asbestos exposure.
- Skinner filed a 2004 workers’ compensation claim alleging injury to lungs and whole body from inhalation of asbestos and other contaminants.
- The Workers' Compensation Commission awarded a lump-sum under the scheduled loss provisions, §42-9-30.
- Westinghouse challenged the award, arguing Skinner must pursue general disability benefits under §42-9-10/20.
- The Supreme Court reversed, holding 42-11-60 governs pulmonary-disease compensation, requiring loss of wages under §42-9-10/20.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 42-11-60 bar pulmonary-disease claims from §42-9-30? | Skinner argues disease is occupational; §42-11-60 permits compensation under 42-9-30. | Westinghouse contends §42-11-60 requires loss of wages under §42-9-10/20, prohibiting §42-9-30 awards. | Yes; 42-11-60 controls and precludes §42-9-30 unless wages are lost. |
Key Cases Cited
- Langley v. Pierce, 313 S.C. 401 (1993) (specific over general laws; precedence rules in statutory interpretation)
- Lloyd v. Lloyd, 367 S.E.2d 153 (1988) (specific vs. general statutes precedence)
- Fields v. Owens Corning Fiberglas, 393 S.E.2d 172 (1990) (general disability vs. scheduled loss distinction)
- Futch v. McAllister Towing of Georgetown, Inc., 518 S.E.2d 591 (1999) (dispositive issue relief limits further discussion)
- Roper v. Kimbrell's of Greenville, Inc., 99 S.E.2d 52 (1957) (foundational analysis of disability schemes)
