(Download) "Special Indem. Fund v. Choate" by South Carolina Supreme Court * eBook PDF Kindle ePub Free

eBook details

Title: Special Indem. Fund v. Choate
Author : South Carolina Supreme Court
Release Date : January 23, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

1 We hold in this case a trial tribunal of the Oklahoma Workers Compensation Court (OWCC) had jurisdiction over a claim brought by, Troy F. Choate (Choate) against the Special Indemnity Fund (Fund) to combine two cumulative trauma injuries against it for a material increase, the two injuries were combinable against the Fund and no reversible error occurred because the trial tribunal did not expressly determine a statute of limitation defense. However, we hold the trial tribunal erred by sustaining an objection to Funds medical evidence. Thus, we must vacate the order awarding a material increase against the Fund and remand to the trial tribunal for reconsideration. We also hold the Court of Appeals erred in ruling Choates medical evidence was not competent for failure to comply with the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides).