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2009-UP-038 - Millan v. Port City Paper

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Alejandro “Ray” Millan, Respondent,

v.

Port City Paper and Ohio Casualty Group, Appellants.


Appeal From Charleston County
 R. Markley Dennis, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-038
Heard November 5, 2008 – Filed January 15, 2009   


AFFIRMED


Weston Adams, III, Jillian M. Benson, and Ashley B. Stratton, of Columbia, for Appellants.

Douglas A. Churdar, of Greenville, for Respondent.

PER CURIAM:  Port City Paper and Ohio Casualty Group appeal the circuit court’s finding the record did not contain substantial evidence to support the Appellate Panel’s decision that Alejandro “Ray” Millan’s alleged erectile/bladder dysfunction and psychological injury are not compensable.[1]  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Shuler v. Gregory Elec., 366 S.C. 435, 440, 622 S.E.2d 569, 571 (Ct. App. 2005) (holding the Appellate Panel’s decision must be affirmed if supported by substantial evidence in the record); Lark v. Bi-Lo, Inc., 276 S.C. 130, 135, 276 S.E.2d 304, 306 (1981) (“ ‘Substantial evidence’ is not a mere scintilla of evidence nor the evidence viewed blindly from one side of the case, but is evidence which, considering the record as a whole, would allow reasonable minds to reach the conclusion that the administrative agency reached or must have reached in order to justify its action.”); S.C. Code Ann. § 42-1-160(A) (Supp. 2007) (providing for an injury to be compensable, it must arise out of and in the course of employment);  Rodney v. Michelin Tire Corp., 320 S.C. 515, 518, 466 S.E.2d 357, 358 (1996) (finding an injury arises out of employment if a causal relationship between the conditions under which the work is to be performed and the resulting injury is apparent to the rational mind, upon consideration of all the circumstances);  Getsinger v. Owens-Corning Fiberglas Corp., 335 S.C. 77, 81, 515 S.E.2d 104, 106 (Ct. App. 1999) (holding mental injuries are compensable if induced either by physical injury or by unusual or extraordinary conditions of employment).

AFFIRMED.

HEARN, C.J., and SHORT and KONDUROS, JJ., concur.


[1] In their brief, they also argued medical treatment for erectile/bladder dysfunction is not compensable under section 42-15-60 of the South Carolina Code (1976) and the circuit court’s order failed to comply with the Administrative Procedures Act, section 1-23-350 of the South Carolina Code (2005).  However, they abandoned those issues at oral argument.