Clemmons v. Lowe's Home CentersAnnotate this Case
Petitioner Henton Clemmons, Jr. injured his back and neck while working at Lowe's Home Center in Columbia. Although all the medical evidence indicated Clemmons had lost more than fifty percent of the use of his back, the Workers' Compensation Commission awarded him only permanent partial disability. The court of appeals affirmed. The issue this case presented for the Supreme Court’s review was whether a claimant's ability to work could affect his entitlement to disability benefits under the scheduled-member statute of the South Carolina Workers' Compensation Act (the Act). The Court reversed and held evidence of a claimant's ability to hold gainful employment alone cannot preclude a determination of permanent disability under the scheduled-member statute.