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2012-UP-211 - Travelers Insurance v. S.C. Second Injury Fund

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Travelers Insurance Company, Appellant,

v.

The South Carolina Second Injury Fund, Respondent.


Appeal From Greenville County
 Robin B. Stilwell, Circuit Court Judge


Unpublished Opinion No. 2012-UP-211
Heard March 12, 2012 – Filed March 28, 2012   


AFFIRMED


Lawson Brenn Watson, of Greenville, for Appellant.

Latonya Dilligard Edwards, of Columbia, for Respondent.

PER CURIAM: In this workers' compensation case, Travelers Insurance Company appeals the circuit court's order affirming the decision of the Appellate Panel of the Workers' Compensation Commission to deny reimbursement to Travelers from the South Carolina Second Injury Fund.  Travelers argues the Appellate Panel erred in finding it did not prove two prerequisites to reimbursement: (1) that the claimant's preexisting impairments constituted a hindrance or obstacle to his employment , and (2) that the preexisting impairments combined with the claimant's subsequent work injury to result in Travelers incurring substantially greater liability for the claimant's compensation and medical costs.  We find no error of law in either of the Commission's findings and find they are supported by substantial evidence.   

We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 42-9-400 (2003)[1] (setting out what an employer or insurance carrier must prove to receive reimbursement); Bartley, 392 S.C. at 306, 709 S.E.2d at 622 ("[T]his Court must affirm the findings of fact made by the Commission if they are supported by substantial evidence.").

AFFIRMED.

FEW, C.J., and HUFF and SHORT, JJ., concur.


[1] Section 42-9-400 was amended in 2007.  2007 S.C. Acts 633-37.  The amended version "applies to injuries that occur on or after" July 1, 2007.  Id.; see also Bartley v. Allendale Cnty. Sch. Dist., 392 S.C. 300, 308 n.6, 709 S.E.2d 619, 623 n.6 (2011).  Because the claimant's injury occurred in 2006, we use the prior version of § 42-9-400.