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HUTSON v. S.C. STATE PORTS AUTHORITY

No. 27171.

399 S.C. 381 (2012)

732 S.E.2d 500

Franklin HUTSON, Petitioner, v. SOUTH CAROLINA STATE PORTS AUTHORITY, Employer, and State Accident Fund, Carrier, Respondents.

Supreme Court of South Carolina.

Decided September 19, 2012.

Attorney(s) appearing for the Case

Thomas M. White , of the Steinberg Law Firm, of Goose Creek, for Petitioner.

Matthew C. Robertson , of Merritt, Webb, Wilson & Caruso, of Columbia, and Margaret Mary Urbanic , of Clawson & Staubes, of Charleston, for Respondents.

Justice HEARN.

In this workers' compensation appeal, we must determine whether speculative testimony by the claimant concerning his possible future work as a restaurateur qualifies as substantial evidence to establish he did not sustain a wage loss pursuant to Section 42-9-20 of the South Carolina Code (1976). We hold it does not and therefore reverse and remand.

FACTS/PROCEDURAL HISTORY

Frank Hutson was working as a crane operator for the State...

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