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Lizee v. South Carolina Dep't of Mental Health11/21/2005
Heard September 13, 2005
AFFIRMED IN PART, REVERSED IN PART AND REMANDED
This is a workers' compensation appeal in which Respondent Mary Lizee was awarded benefits by the Workers' Compensation Commission. Lizee's employer, the South Carolina Department of Mental Health (the Department), appealed unsuccessfully to the circuit court and now appeals to us. We join the circuit court in affirming the Commission's finding that Lizee is permanently and totally disabled as a result of her July 15, 2000, work-related injury. We, however, reverse the Commission's finding that Lizee timely notified her "employer" of the injury as required by section 42-15-20 of the South Carolina Code and remand to the Commission for the purpose of determining (1) whether "reasonable excuse" has been made "for not giving [timely] notice," and (2) whether the employer has been "prejudiced thereby." S.C. Code Ann. ยง 42-15-20 (1985).
FACTS/PROCEDURAL HISTORY
Mary Lizee alleged she was injured on July 15, 2000, while working as a nurse for the Department's Crisis Stabilization Unit. Lizee testified that a patient suffering from a severe diabetic reaction was running toward her and began to fall. According to Lizee, she "caught [the patient] and gently put her down on the floor," which caused Lizee pain in her neck and back.
Lizee spoke with two Department employees about the incident on the day it occurred. The first of these was Matt Dorman, a health counselor for the Department. Dorman was part of the Department's "Mobile Crisis Unit," another mental health facility separate from where Lizee worked. On the day of the incident, however, Dorman was working with Lizee at the Crisis Stabilization Unit on a temporary, "fill-in" basis. Lizee described Dorman as "another mental health counselor," and she testified that Dorman had no supervisory authority over her and normally worked at a separate facility.
Dorman was present immediately following the incident. After the patient's needs had been addressed, Lizee told Dorman "what happened." Dorman suggested she complete a report of the incident. A report was completed, but Lizee was not sure whether she or Dorman filled it out. When asked if she reviewed the report, Lizee stated, "I kind of remember and don't remember." Although Dorman delivered a report of the incident "downtown," the record is devoid of evidence that the report contained any reference to Lizee's injury.
Lizee also reported the incident of the patient's fall to Julie Taylor, the program director for the Crisis Stabilization Unit and Lizee's immediate supervisor. Taylor was not working on the day of the incident. However, Lizee telephoned Taylor at her home shortly after the incident occurred and described what had happened. It is undisputed that Lizee did not inform Taylor of the injuries she suffered as a result of the incident, either on July 15 or the following Monday when Taylor returned to work or any other time.
Fourteen months later, Lizee filed a workers' compensation claim form (Form 50). The Department disputed the claim, contending that Lizee did not sustain a compensable injury and alternatively that she failed to provide timely notice of her alleged injury to the Department. The single commissioner found that Lizee was permanently and totally disabled as a result of the July 15, 2000 incident, and further found that Lizee gave timely and proper notice of the injury to the Department. The Department sought review to an appellate panel of the Commission, which affirmed the order of the single commissioner. Appeal was taken to the circuit court, which affirmed the Commission. The Department now appeals to this court.
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