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Weaver v. SC Dept. of Disabilities & Special Needs

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 9, 2016
Appellate Case No. 2015-001169 (S.C. Ct. App. Nov. 9, 2016)

Opinion

Appellate Case No. 2015-001169 Unpublished Opinion No. 2016-UP-451

11-09-2016

Wanda Weaver, Employee, Appellant, v. SC Dept. of Disabilities and Special Needs, Employer, and State Accident Fund, Carrier, Of whom SC Dept. of Disabilities and Special Needs is the Respondent.

Henry Thad White, Jr., of Lucas Warr & White, of Florence, for Appellant. Kerri Brown Rupert and Ashley Ryon Kirkham, both of Collins & Lacy, PC, of Columbia, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. Appeal From The Workers' Compensation Commission

AFFIRMED

Henry Thad White, Jr., of Lucas Warr & White, of Florence, for Appellant. Kerri Brown Rupert and Ashley Ryon Kirkham, both of Collins & Lacy, PC, of Columbia, for Respondent. PER CURIAM : Wanda Weaver appeals the Appellate Panel's order, arguing the Appellate Panel erred by (1) finding she failed to meet her burden of proving the work-related accident caused or aggravated her shoulder injury and (2) not remanding the case to the single commissioner to determine causation on her injury. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to issue one: Wise v. Wise, 394 S.C. 591, 597, 716 S.E.2d 117, 120 (Ct. App. 2011) ("The Appellate Panel's decision must be affirmed if supported by substantial evidence in the record."); Hutson v. S.C. State Ports Auth., 399 S.C. 381, 387, 732 S.E.2d 500, 503 (2012) ("Substantial evidence is not a mere scintilla of evidence nor evidence viewed from one side, but such evidence, when the whole record is considered, as would allow reasonable minds to reach the conclusion the [Appellate Panel] reached." (quoting Shealy v. Aiken Cty., 341 S.C. 448, 455, 535 S.E.2d 438, 442 (2000))). 2. As to issue two: Smith v. NCCI, Inc., 369 S.C. 236, 256, 631 S.E.2d 268, 279 (Ct. App. 2006) ("Only issues raised and ruled upon by the [Appellate Panel] are cognizable on appeal."). AFFIRMED. LOCKEMY, C.J., and SHORT, and MCDONALD, JJ., concur.

We decide this case without oral argument pursuant to Rule 215, SCACR. --------


Summaries of

Weaver v. SC Dept. of Disabilities & Special Needs

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 9, 2016
Appellate Case No. 2015-001169 (S.C. Ct. App. Nov. 9, 2016)
Case details for

Weaver v. SC Dept. of Disabilities & Special Needs

Case Details

Full title:Wanda Weaver, Employee, Appellant, v. SC Dept. of Disabilities and Special…

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Nov 9, 2016

Citations

Appellate Case No. 2015-001169 (S.C. Ct. App. Nov. 9, 2016)