WJCB Named to 2018 U.S. News Best Lawyers
Following the Supreme Court decision in Wilkes vs. City of Greenville (see below analysis) earlier this month, several attorneys, including Larry Baker, worked with business groups to draft legislation to clarify that there is NO rebuttable presumption of ongoing medical treatment EXCEPT for body parts specifically accepted on a Form 60 or 63 (or from an opinion and award of the commission).
On Friday, the Supreme Court issued its opinion in Wilkes vs. City of Greenville, which changes how to view requests for ongoing medical treatment and the standard required to establish indemnity disability. The Supreme Court determined that there is a rebuttable presumption of ongoing medical treatment for ANY injury claimed as a result of an accepted accident, even where it is for anxiety and depression or body parts not enumerated on the Form 60. In Wilkes, Defendants filed a Form 60 accepting injuries to “ribs, neck, legs and entire left side” as result of a moving vehicle accident. Later, Plaintiff sought treatment for ringing in the ears, anxiety, depression and sleep loss. The Court stated that there was a rebuttable presumption that plaintiff’s alleged ongoing medical conditions were causally related to the accepted accident. This rebuttable presumption appears to apply to ANY claim of additional medical treatment for ANY body part.
Charles F. (Chuck) Turner, Jr. has been asked to serve on the civil docket management subcommittee headed by newly elected South Carolina Supreme Court Justice Buck James.
Willson Jones Carter & Baxley, P.A. is pleased to announce that Ashlee B. Poplin has joined the firm in the Charlotte, NC office and Andrew F. Carson has joined the firm in the Greenville, SC office.