In 2006, a Charleston County School District employee, Sara Wilson, injured her neck and back when a fight between students broke out and pinned her against a marble counter.
She filed for permanent disability but was only given a 45% disability to her back. The employee's last payment for compensation was January 25, 2008.
In January of 2009, Wilson claimed a change of condition because she was suffering from depression as a result of her back injury. In 2011, she filed for another hearing regarding her change of condition.
During her hearing, she explained that her back hurt so greatly that she did not want to get out of bed to the point of it affecting her social life. Wilson was also seeing a psychiatrist to help with her depression.
Her psychiatrist, Dr. Rosen, said she suffered from anxiety and depression for several years but that after the back injury, it was exacerbated to a point of losing sleep, loss of appetite, low energy and trouble concentrating among other symptoms.
The single commission felt she proved her condition but the School District appealed.
Wilson's case was heard before the appellate court of the Workers' Comp Commission and was then denied. Wilson appealed their decision and it was then heard by the Appeals Court of South Carolina.
The Appeals Court heard the case and Wilson argued that the previous decision was incorrect because before her injury, she did not suffer from depression that caused her a multiple of debilitating symptoms. The back injury continued to affect her daily life.
After hearing Wilson prove her case, the Appeals Court ruled the panel did rule in error. They sent the claim back to the panel for further reconsideration.
Workers' Compensation can be a tough thing to deal with after being injured at work. Many times employees do not know the benefits they are entitled to from Workers' Comp.
If you are hurt at work and are unsure of what to do or if you are being treated unfairly, contact experienced Charleston Workers' Comp Attorney Dirk Derrick. Attorney Derrick has over 29 years experience as a personal injury lawyer including workers' compensation, auto accidents, and wrongful death cases.
Call today for your free consultation. 843-268-4345.
The Derrick Law Firm serves the state of South Carolina and currently has office locations in Charleston, North Charleston, Mt. Pleasant, Myrtle Beach, Conway, and North Myrtle Beach.