TUCKER v. S.C. DEPT. OF TRANP.

Opinion No. 27906.

427 S.C. 299 (2019)

831 S.E.2d 426

Johnny TUCKER, Employee, Respondent, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Employer, and State Accident Fund, Carrier, Petitioners.

Supreme Court of South Carolina.

Filed July 24, 2019.


Attorney(s) appearing for the Case

David Hill Keller and Evelyn A. Norton , Turner Padget Graham & Laney, P.A., of Greenville, for Petitioners.

Preston F. McDaniel , The McDaniel Law Firm, of Columbia; Gerald Malloy , Malloy Law Firm, of Hartsville, for Respondent.


In this appeal from the workers' compensation commission, we address the timing requirement in South Carolina Code subsection 42-17-90(A) (2015) for a claim based on a change of condition. We reject Petitioners' argument that satisfying this timing requirement is dependent on a claimant requesting a hearing within the time period set...

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