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Bass v. Kenco Group11/21/2005
nt receiving temporary benefits reaches maximum medical improvement and is still disabled, temporary benefits are terminated and the claimant is awarded permanent benefits. Smith v. S.C. Dep't of Mental Health, 335 S.C. 396, 399, 517 S.E.2d 694, 696 (1999) ("The rationale for ceasing temporary benefits upon a finding of MMI is to permit entry of a permanent award. Clearly, if an employee has reached MMI and remains disabled, then his injury is permanent. This is precisely the reason to terminate temporary benefits in favor of permanent benefits upon a finding of MMI."). It does not follow, however, that a claimant who has not reached maximum medical improvement is precluded from an award of permanent benefits.
The commissioner's order documents Dr. Estefano's prognosis that "'as long as Mr. Bass suffers from his work-related injury, he will continue to suffer mentally, emotionally, and financially.'" There is no evidence in the record rebutting or contradicting Dr. Estefano's conclusion. Therefore, the only evidence in the record indicates Bass's condition is permanent. The award of permanent partial disability was proper. The evidence supports the finding that Bass had reached maximum medical improvement with respect to his shoulder, but not his mental injuries. Therefore, we find the circuit court properly refused to remand the case.
CONCLUSION
The order of the circuit court is hereby AFFIRMED.
GOOLSBY and SHORT, JJ., concur.
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