State Accident Fund v. South Carolina Second Injury Fund

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

State Accident Fund, Appellant,

v.

South Carolina Second Injury Fund, Respondent,

In Re:/Leola Wyman, Employee/Claimant,

v.

South Carolina Department of Education, Employer/Carrier.

Appeal From Hampton County
Honorable Carmen T. Mullen, Circuit Court Judge

Opinion No.  2010-MO-007
Heard February 17, 2010 Filed March 8, 2010 

AFFIRMED

Mary Sowell League, of Ellis Lawhorne & Sims, of Columbia, for Appellant.

Latonya Dilligard Edwards, of SC Second Injury Fund, of Columbia, for Respondent.

PER CURIAM:  State Accident Fund appeals from an order of the circuit court affirming the appellate panel of the South Carolina Workers' Compensation Commission, which found Claimant's morbid obesity was neither a permanent condition nor a serious enough obstacle to Claimant's further employment.  We affirm pursuant to Rule 220(b)(1), SCACR and the following authorities:  Lark v. Bi-Lo, Inc., 276 S.C. 130, 135-36, 276 S.E.2d 304, 306-07 (1981) (applying a substantial evidence test, an appellate court may not substitute its judgment for the judgment of the agency as to the weight of the evidence on questions of fact, unless its findings or conclusions are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; further, the possibility of drawing two inconsistent conclusions from the evidence shall not prevent the appellate panel's findings from being supported by substantial evidence); See Tiller v. Nat'l Health Care Ctr. of Sumter, 334 S.C. 333, 340, 513 S.E.2d 843, 846 (1999) (affirming that the appellate panel, as the ultimate finder of fact, is free to weigh the evidence, including medical testimony, and completely disregard it if there is other competent evidence in the record).

AFFIRMED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.