STRICKLAND v. BOWATER6/17/1996
In this workers' compensation case, the appellant, Richard Strickland, a quadriplegic, argues the commission erred when it failed to require the respondents, Bowater, Inc. and Liberty Mutual Insurance Company (Bowater), to pay the full cost of an unmodified van for Strickland. We affirm.
Strickland sustained an admitted accident to his head and neck on March 17, 1992, during the course of his employment with Bowater. Strickland was not initially disabled, but underwent surgery to remove a herniated disc from his cervical spine. As a result of complications during the surgery, he was
Bowater stipulated a modified van was medically necessary for Strickland and agreed to pay for the modifications necessary to specially equip the van to accommodate Strickland's quadriplegia. The parties dispute, however, whether or not Bowater must reimburse Strickland for the "base cost" of an unmodified van. In other words, Strickland contends Bowater should be responsible for providing the full cost of an unmodified van plus the costs associated with its modifications. Bowater asserts it should be required to pay only the difference between an unmodified van and a mid-range automobile of the same year.
The single commissioner, affirmed by the commission and the circuit judge, ordered Bowater to reimburse Strickland $4,338.90. This amount represents the cost difference between an unmodified van and a mid-range automobile of the same year. Strickland had purchased a 1993 van for $23,338.90. The parties stipulated the average price for a 1993 automobile was $19,000.00, thus creating a difference of $4,338.90. The only issue before this court, therefore, is whether or not Bowater is responsible for the full cost of an unmodified van.
Strickland relies on S.C. Code Ann. ยง 42-15-60 (1976) as the basis for requiring Bowater to pay for the van. Section 42-15-60 states, in part:
In cases in which total and permanent disability
results, reasonable and necessary nursing services,
medicines, prosthetic devices, sick travel, medical,
hospital and other treatment or care shall be paid
during the life of the injured employee, without
regard to any limitation in this title including the
maximum compensation limit. (Emphasis added).
Strickland contends the full cost of a modified van constitutes "other treatment or care" necessary to lessen his disability. Therefore, Strickland asserts Bowater should be held liable for all costs associated with a modified van, including the initial cost of an unmodified van.
Whether or not the legislature intended a vehicle that enables an injured worker to be mobile to constitute "other
Maryland, New York, North Carolina, and South Dakota have denied reimbursement for specially-equipped automobiles or vans for similarly disabled claimants. See R & T Construction Co. v. Judge, 323 Md. 514, 594 A.2d 99 (1991); Nallan v. Motion Picture Studio Mechanics Union, Local #52, 49 A.d.2d 365, 375 N.Y.S.2d 164 (1975), rev'd on other grounds, 40 N.Y.2d 1042, 391 N.Y.S.2d 853, 360 N.E.2d 353 (1976); Kranis v. Trunz, Inc., 91 A.D.2d 765, 458 N.Y.S.2d 10 (1982); McDonald v. Brunswick Elec. Membership Corp., 77 N.C. App. 753, 336 S.E.2d 407 (1985); Johnson v. Skelly Oil Co., 359 N.W.2d 130 (S.D. 1984).
In McDonald the North Carolina Court of Appeals construed a provision very similar to the South Carolina statute, and held the phrase "other treatment or care" did not include furnishing a claimant with a wheelchair-accessible van. Thereafter, however, the North Carolina Supreme Court reversed the Court of Appeals decision that "other treatment or care" did not include furnishing a claimant with a whee
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