Published on 11 Mar 2013 • South Carolina, United States
This Law Firm Publication by Constangy, Brooks & Smith, LLP discusses two recent South Carolina Supreme Court cases, Sparks v. Palmetto Hardwood, Inc. and Crisp v. South Co., Inc., that define "physical brain damage" for purposes of the workers' compensation law. These cases clarify that a brain injury must be serious for a claimant to qualify for lifetime workers' compensation benefits, and that a brain injury (such as a concussion) suffered during an otherwise compensable injury is not alone sufficient to rise to the level of permanent injury required by the workers' compensation law.