Appealing a South Carolina Workers' Compensation Decision: What Charleston Workers Need to Know
South Carolina workers' compensation decisions by a single commissioner can be appealed through a multi-stage process — to the Full Commission, the Court of Appeals, and the Supreme Court. Understanding each stage and its standard of review is essential for injured workers whose initial claims were denied or undervalued.
A single commissioner's decision in a South Carolina workers' compensation case is not necessarily the final word. The workers' compensation appeals process provides multiple levels of review — and for injured workers who received a denial, an inadequate award, or an unfavorable ruling on a disputed medical issue, understanding how to navigate those levels is essential.
The Multi-Stage Appeals Process
South Carolina workers' compensation appeals follow a structured path governed by the Workers' Compensation Act and cases like Shealy v. Aiken County:
- Single Commissioner Hearing. The initial level. A single commissioner conducts a hearing, reviews evidence, and issues an opinion and award. This is the only level at which live testimony and new evidence are typically introduced.
- Full Commission Review. Either party may appeal the single commissioner's decision to the Full Commission — a panel of seven commissioners. The Full Commission reviews the single commissioner's decision on both factual and legal grounds. It may affirm, reverse, modify, or remand. Importantly, the Full Commission is not bound to accept the single commissioner's factual findings, although it gives them deference in many circumstances.
- South Carolina Court of Appeals. A further appeal lies to the Court of Appeals, which reviews the Full Commission's decision under the substantial evidence standard: the court will not substitute its judgment for the Commission's on factual issues if there is substantial evidence in the record to support the Commission's findings. Legal conclusions are reviewed de novo.
- South Carolina Supreme Court. Discretionary review by the Supreme Court is available but rarely granted except in cases involving novel legal questions or significant conflicts between Court of Appeals panels.
Key Issues on Appeal
The most common grounds for workers' compensation appeals in South Carolina include:
- Compensability disputes. Whether the injury arose out of and in the course of employment — the foundational question for coverage.
- Medical causation. Whether the claimed condition was caused or aggravated by workplace exposure. These disputes typically turn on the battle of medical experts.
- Permanent disability rating. The assigned impairment rating determines the number of weeks of benefits payable. Rating disputes between treating physicians and employer-selected physicians are common appellate issues.
- Change of condition claims. An injured worker whose condition worsens after a settlement or award may file a change of condition claim within certain time limits. These claims are frequently contested and frequently appealed.
Time Limits for Appeal
Appeals to the Full Commission must be filed within 14 days of the single commissioner's award. Missing this deadline generally forfeits the right to appeal. Subsequent appeals to the Court of Appeals must be filed within 30 days of the Full Commission's decision. These deadlines are strictly enforced.
How Traywick Law Helps
Our office handles South Carolina workers' compensation claims and appeals throughout the Lowcountry. Visit the Traywick Legal Blog for more analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.