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In Davaut v. USC, the Supreme Court of South Carolina adopted the “divided premises” rule and held that “when an employee crosses from one portion of her employer’s property to another over a reasonably necessary and direct route, the employee remains in the course of her employment for purposes of workers’ compensation” Op. No. 27673 (Shearouse Adv. Sh. No. 41 at 13-14) (Sup. Ct. filed Oct. 26, 2016). The claimant—a language professor at USC-Lancaster—was walking from the school’s library where she had been working to a parking lot provided by USC for faculty and students. To get to the parking lot, she had to cross a public street that bisected the campus. As she was crossing the street, she was struck by a vehicle and she thereafter sought workers’ compensation benefits from USC.Read On
The SC Workers’ Compensation Commission has revised Form 14B, the Physician’s Statement, which is used to obtain an expert medical opinion on various issues including, but not limited to, a determination of maximum medical improvement, impairment ratings assigned pursuant to the AMA Guidelines to Permanent Impairment, appropriate work restrictions, and whether a claimant will be in need of future medical treatment. More importantly, Form 14B is often required to be submitted before a case can be resolved.
Please note that Form 14B has been revised to improve clarity, with regards to several of the above-referenced issues. MGC recommends our clients use the revised Form 14B.
Please click here to view the revised Form 14B on the SCWCC website.
For questions, please contact one of MGC’s workers’ compensation attorneys.
This legal update is published as a service to our clients and friends. It is intended to provide general information and does not constitute legal advice regarding any specific situation.Read On