Michau v. Georgetown County

On September 29, 2008, Alexander Michau (plaintiff) sustained a repetitive-trauma injury to his shoulders during his employment with Georgetown County (Georgetown) (defendant). Michau was initially employed as a truck driver but switched to operating motor graders. Michau had filed a workers’-compensation claim after he operated the new motor-grader machine. In 1997 Michau sought treatment with Dr. Benjamin Lawless for arm and shoulder problems, experiencing arthritis-related symptoms. In 2005 Michau was referred for a total-body bone scan, which showed evidence of rheumatoid arthritis. Dr. Lawless then referred Michau to a rheumatologist, Dr. Mitch Twinning, who diagnosed him with rheumatoid arthritis in May 2006. Michau continued treatment until June 2006. In December 2006, Michau was treated by orthopedic specialist Dr. Michael Bohan. According to Dr. Bohan, Michau’s X-ray showed significant degenerative arthritis, and Michau subsequently underwent surgery on his left shoulder. Dr. Bohan gave a letter to Michau’s attorney in November 2008, indicating that he believed, to a reasonable degree of medical certainty, that repetitive work activities resulted in severe osteoarthritis in both shoulders. Georgetown sought independent verification of the claim and had Dr. Chris Tountas perform a medical evaluation of Michau. Dr. Tountas issued his findings in a report. According to Dr. Tountas, Michau’s condition was a natural progression of a preexisting condition and was not related to his job. After Michau filed for workers’-compensation benefits against Georgetown, the South Carolina Workers’ Compensation Commission (the commission) denied his claim on the basis that the shoulder problems were related to a preexisting condition that was not caused or aggravated by his work. The commission based its decision on all evidence, including Dr. Tountas’s medical report. Michau appealed, contesting the admissibility of Dr. Tountas’s medical report on the basis that the report did not state its conclusions were “to a reasonable degree of medical certainty.”