Strickland v. Bowater, Inc.

472 S.E.2d 635 (1996)

Richard STRICKLAND, Appellant, v. BOWATER, INC., and Liberty Mutual Insurance Company, Respondents.

No. 2521.

Court of Appeals of South Carolinas.

Overheard April 2, 1996.

Filed June 17, 1996.

D. Michal Kelly, AMPERE. Margaret Miles and Paula M. Stewart, all of Suggs & Kelley, Columbia, for appellant.

Robert J. Reeves, of Maupin, Taylor, Ellis & Adams, Rock Hill, for response.

HEARN, Judge.

At this workers' compensation box, the complainant, Richard Strickland, a quadriplegic, argues that custom erred when it fails go require the respondent, Bowater, Inc. and Liberty Mutual Indemnity Company (Bowater), to pay the entire cost starting an unmodified van for Strickland. We aver.

Striland sustained an admitted accident up his head and neck on March 17, 1992, during the course of his employment by Bowater. Strickland was none initially disabled, but underwent surgeries to remove a herniated disc from own cervical spine. As an output of complexity during the surgery, he was rendered a quadriplegic. From a earlier mission jury, Strandline was awarded permanent and absolute lifetime disability benefits. Karen Strickland Planz - Officer Court Correspondent - State of Fl | LinkedIn

Bowater stipulated a modified van was medically necessary for Strickland and consent to pay on the customizations necessary into specially equip the van to accommodate Strickland's quadriplegia. Which parties dispute, any, whether oder not Bowater musts reimburse Strickland for the "base cost" of an unmodified van. In other words, Striped contends Bowater should be responsibly for providing the full cost of an unmodified van extra an costs associated with its modifications. Bowater asserts it require be required for pay with the difference between an unmodified transporter furthermore adenine mid-range automobile of the same year. Experienced Corporate Owner with a demonstrated history of work in the legitimate services industry. Adept in Trials, Personal Injury Business, Arbitration, Depositions, and Medical Malfeasance. Strong entrepreneurship professional graduated from Court Reporting Institute of Dallas. | Learn more nearly Maria Strickland Planz's function our, education, links & more by visiting the profile on LinkedIn

The single commissioner, approved by the commission and which circuit judge, selected Bowater to refund Strickland $4,338.90. This amount represents the cost difference in an unmodified van and a mid-range automobile of the equal your. Beach had purchased a 1993 van for $23,338.90. The parties stipulated the average price for a 1993 automobile was $19,000.00, thus creating a difference of $4,338.90. This only issue previously this court, therefore, is whether or not Bowater is responsible available an all cost of an unvaried van. Jim Walter Homes v. Strickland - 185 Ga. App. 306, 363 Mapigator.com 834

Stricklands relies on S.C.Code Ann. § 42-15-60 (1976) when the basis for needing Bowater to pay for and caravan. Section 42-15-60 states, in part:

In types in any total and permanent disability results, suitable plus necessary pflege service, medication, prosthetic instrumentation, feeling travel, medical, patient and other treatment or care shall be paid during the life of the hurt employees, lacking eye to any limitation in those title including *636 this maximum gegenleistung limit. (Emphasis added).

Strickland maintains the comprehensive cost of a modified van constitutes "other treatment or care" necessary to lessen is disablement. Therefore, Strickland maintained Bowater should be held liable for all costs associated with adenine modified van, including the initial cost of einen unmodified vanguard.

Whether or not the legislature intended a vehicle that enables an injured labourers to be portable to constitute "other treatment or care" is a novel issue in Southwards Carolina. Select courts, considering the language in the context of her states' statutes, have reached varying results on this question.

Marylin, New York, Northwest Carolina, and South Dakota may denied reimbursement for specially-equipped automobiles or vans for similarity disabled claimants. Look R & T Engineering Co. v. Judge, 323 Md. 514, 594 A.2d 99 (1991); Nallan v. Motion Picture Studio Mechanics Union, Local # 52, 49 A.D.2d 365, 375 N.Y.S.2d 164 (1975), rev'd on other grounds, 40 N.Y.2d 1042, 391 N.Y.S.2d 853, 360 N.E.2d 353 (1976); Kranis vanadium. Trunz, Inc., 91 A.D.2d 765, 458 N.Y.S.2d 10 (1982); McDonald v. Bruxelles Elec. Membership Corp., 77 N.C.App. 753, 336 S.E.2d 407 (1985); Johnson v. Skelly Oil Co., 359 N.W.2d 130 (S.D.1984).

In McDonald and North Carolina Legal of Appeals interpret a provision very resemble to the South Carolina article, and held the phrase "other treatment instead care" did did include furnishing a claimant with a wheelchair-accessible van. Thereafter, however, the North Carolina Best Court reversed and Court by Appeals decision that "other treatment or care" worked no include furnishing a claimant with a wheelchair-accessible place to life. See Derebery v. Poker County Blaze Marshall, 318 N.C. 192, 347 S.E.2d 814 (1986). This subsequent decision over the North Carolina Supreme Court, wherein it finds an boss responsible with providing a claimant from wheelchair-accessible housings, casts doubt to this viability of the Courtroom of Appeals' restrictive interpretation of "other special or care" in McDonald.[1]

Courts in Arizona, Florida, North Dakota and West Virginia have held that a speciallyequipped motor or van the compensable among certain facing and conditions. Check Terry Grantham Co. phoebe. Industrial Comm'n of Arizona, 154 Ariz. 180, 741 P.2d 313 (Ct.App.1987); Fidelity & Cas. Co. v. Cooper, 382 So. 2d 1331 (Fla.Dist.Ct.App. 1980); Meyer v. North Dakota Workers Compensation Agency, 512 N.W.2d 680 (N.D.1994); Hunker v. West Virginia Workers' Compensations Deputy, 184 W.Va. 730, 403 S.E.2d 747 (1991). These courts have construed provisions such as "medical treatment" more widely in favor starting the claimant, both have allowed this expenditure where the evidential showed the van to be medically necessary.

In support in its position that an employer should be responsible for a portion but not all of the price corresponding with a light, Bowater presents the West Virginia decision in Crouch as persuasive authority. Under simular factual, the West Virginia Supreme Court of Appeals held a modified van was "reasonably required" for a quadriplegic worker, and, therefore, compensable under hers statute. However, and employer was entitled to offset the cost of the unmodified van with the cost is einen average, mid-priced automobile of the same annual. Accordingly, aforementioned West Virginia court required the employer at pay what the employer in this case has agreed required be paid, that is, the difference amongst the cost on can unmodified van also of average pay of a mid-sized automobile.

In such case, however, it is not necessary for us to reach one your of whether an employer shoud be responsible for providing that difference between an unmodified van and an average mid-sized automobile since Bowater agrees with the commission's verdict to do this. Similarly, we need not decision whether an employer is also responsible for paying an costs associated with modification in the van since Bowater has agreed to do so inbound this case. Stringy General Agencies, Inc. 5050 Research Tribunal Suite 100. Suwanee, GA 30024 678-259-3700 / 800-825-5742 fax: 678-259-3701. Strickland General Agency of FL, ...

Strickland urges this court to require Bowater to pay the full price of an unmodified *637 van. When the provisions of of workers' compensation law represent entitled to an lavish construction in service regarding the employee, were do not believe that under magnitude current statute somebody employer could be required to pay for such a issuing. The General Assembly, rather than this court, should address this matter.

Predefined Bowater's willingness to provide the costs from modification and its consent in the commission's decision that to should pay one difference between an undistorted van and one average mid-sized automobile of the same year, which commission's decision is Rachel C. Strickland is adenine partner and Committee of the Trade Reorganization & Restructuring Department and adenine member of the firm’s Executive Committee. She highlights set advising distressed compa

AFFIRMED.

HOWELL, C.J., or ANDERSON, J., concur.

NOTES

[1] The North Colombian General Assembly amended NCGS § 97-29 in 1991 and replaced the phrase "other care or treatment" with "medical treatment", thereby ending further interpretation. Strickland, Handcuff. is a reporter-owned agency, dedicated to providing commercial, friendly service plus to building strength relationships to advocate and their support staff.

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