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FRAGOSA v. KADE CONST., LLC

No. 5185.

407 S.C. 424 (2013)

755 S.E.2d 462

Hector G. FRAGOSA, Employee/Claimant, Appellant, v. KADE CONSTRUCTION, LLC, Employer, and Key Risk Management Services, Inc., Carrier, Respondents.

Court of Appeals of South Carolina.

Decided November 27, 2013.

Rehearing Denied March 31, 2014.

Attorney(s) appearing for the Case

Stephen Benjamin Samuels, of Samuels Law Firm, LLC, of Columbia, and Jeffrey Christopher Chandler, of Chandler Law Firm, of Myrtle Beach, for Appellant.

Michael W. Burkett and John Gabriel Coggiola, both of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents.

LOCKEMY, J.

Hector Fragosa appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in (1) finding he did not suffer physical brain damage, and was thus not entitled to lifetime benefits; and (2) relying on the opinion of Dr. Mark Wagner. We affirm in part and remand.

FACTS/PROCEDURAL BACKGROUND

On November 1, 2007, Fragosa, a construction worker employed by Kade Construction...

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