(DOWNLOAD) "Special Indem. Fund v. Choate" by South Carolina Supreme Court * Book 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).
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