714 S.E.2d 289
S.C.2011Background
- Trotter, a Trane employee via Spherion, sustained a back injury allegedly while turbulating tubes in February 2005.
- She underwent a February 21, 2005 surgery after MRI showed a large L5-S1 disc herniation and nerve compression.
- Trotter filed a Form 50 May 11, 2005; Trane denied, claiming lack of timely notice and insufficient proof of work-related injury.
- A single commissioner found a compensable back injury with medical benefits and temporary total disability; she denied Trane’s continuance and open-record requests for depositions.
- Court of Appeals partially reversed, vacated, and remanded, holding the Commission abused its discretion by denying depositions; this Court granted certiorari.
- This Court reversed the Court of Appeals, reinstated the Commission’s order, and ordered correction of scrivener’s date errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continance/record-open rulings abuse | Trotter | Trane | No abuse; Commission decisions within discretion |
| Deposition of Dr. James | Trotter | Trane | No abuse; strategic reasons insufficient for reversal |
| Deposition of Charleston | Trotter | Trane | No abuse; Charleston's illness justified record closure |
| Scrivener's error regarding accident date | Trotter | Trane | Correct scrivener's errors; change December 31, 2004 to January 31, 2005 |
Key Cases Cited
- Gurley v. Mills Mill, 225 S.C. 46, 80 S.E.2d 745 (1954) (continuance decisions lie in the trial court's discretion)
- Williams v. Bordon's, Inc., 274 S.C. 275, 262 S.E.2d 881 (1980) (continuances require no prejudice to warrant reversal)
- Sundown Operating Co. v. Intedge Indus., Inc., 383 S.C. 601, 681 S.E.2d 885 (2009) (abuse of discretion requires lack of evidentiary support or legal error)
- Clark v. Cantrell, 339 S.C. 369, 529 S.E.2d 528 (2000) (duty to support factual findings with evidence)
- Bartlett v. Rachels, 375 S.C. 348, 652 S.E.2d 432 (Ct.App.2007) (continuances and trial management discretion)
- Burroughs v. Worsham, 352 S.C. 382, 574 S.E.2d 215 (Ct.App.2002) (trial-management discretion)
- Morris v. State, 371 S.C. 278, 639 S.E.2d 53 (2006) (discretionary denials of continuances are rarely overturned)
- Pierre v. Seaside Farms, Inc., 386 S.C. 534, 689 S.E.2d 615 (2010) (APA standard for appellate review of workers' compensation decisions)
- Transp. Ins. Co. v. South Carolina Second Injury Fund, 389 S.C. 422, 699 S.E.2d 687 (2010) (standard of review under APA for workers' comp)
- Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981) (reliance on evidentiary record in review)