Strickland v. Bowater, Inc.
South Carolina Court of Appeals
472 S.E.2d 635, 322 S.C. 471 (1996)
- Written by Serena Lipski, JD
Facts
Richard Strickland (plaintiff) became quadriplegic because of complications following a workplace accident while Strickland worked for Bowater, Inc. (defendant). To operate a vehicle following his quadriplegia, Strickland needed a specially modified van. Strickland purchased such a van for $23,338.90 and sought reimbursement for the van under workers’ compensation. Bowater agreed to pay for modifications to the van but argued that the van itself should not be compensable. At a hearing before a commissioner, the parties stipulated that the average cost of an unmodified van was $19,000. Accordingly, Bowater argued that only $4,338.90, the difference between the cost of the modified van and an average unmodified van, was payable to Strickland. The commissioner agreed and ordered payment for $4,338.90. Strickland appealed, and the commission and the circuit judge affirmed. Strickland appealed again, arguing that reimbursement was required under a South Carolina statute providing for payment for reasonable and necessary nursing services, prosthetic devices, and medical or other treatment or care, among other expenses, to workers who were permanently and totally disabled.
Rule of Law
Issue
Holding and Reasoning (Hearn, J.)
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