SMITH v. S.C. DEPT. OF MENTAL HEALTH

No. 2755.

329 S.C. 485 (1997)

494 S.E.2d 630

Alphonso SMITH, Claimant, Appellant, v. SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, Employer, and State Workers' Compensation Fund, Insurer, Respondents.

Court of Appeals of South Carolina.

Decided November 24, 1997.

Rehearing Denied January 22, 1998.


Attorney(s) appearing for the Case

Preston F. McDaniel, Columbia, for appellant.

Ajerenal Danley, and Rose Mary McGregor, Columbia, for respondents.


HOWELL, Chief Judge:

Alphonso Smith appeals from the circuit court's affirmance of the decision of the Workers' Compensation Commission finding that he suffered a 12% permanent disability to his spine and allowing his employer, the South Carolina Department of Mental Health (DMH), to stop payment of his temporary benefits. We affirm in part, reverse in part, and remand.

I.

In 1975, when he was still in high school, Smith was categorized as "educable...

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