Reasonable Degree of Medical Certainty! Those Magic Words!

There are certain legal requirements for workers compensation cases, especially those where repetitive trauma injury is claimed.  A repetitive trauma injury is usually to the shoulder, wrists and some times knees of an employee who has sustained the injury due to repeating the same movement over and over again for sometime while on the job.

In Michau v. Georgetown County, the South Carolina Supreme Court held that medical opinions related to causation submitted in repetitive trauma claims must be stated to a reasonable degree of medical certainty.

In Michau, the claimant alleged he sustained a compensable repetitive trauma injury to both shoulders. At the hearing, he presented an opinion of his treating orthopedist who stated, “I do believe within a reasonable degree of medical certainty that these repetitive work activities over the years of his shoulders [sic] have resulted in his severe osteoarthritis of both shoulders.”

The employer and carrier obtained a second opinion from an arthritis specialist. The specialist stated it was his opinion that the claimant had a long history of arthritis involving multiple joints, and there was no indication from the job description or his employment that would relate any of the claimant's shoulder problems to his work.

The claimant appealed, stating that this second option report should be excluded because it was not stated "to a reasonable degree of medical certainty." 

The Court agreed and reversed the admission of the report. The Court said section the SC Workers Compensation Code expressly creates an additional heightened standard for repetitive trauma injury cases. It specifically, it requires medical evidence in the form of "expert opinion or testimony [to be] stated to a reasonable degree of medical certainty."  

The Court also that in order for such an injury to be compensable a commissioner must make a specific finding of fact by a preponderance of the evidence of a causal connection that is established by "medical evidence," which in this case meant expert opinion or testimony stated to a reasonable degree of medical certainty. 

 

Bankruptcy Myths!!!

BANKRUPTCY MYTHS

When facing an overwhelming amount of debt that you just don’t know how to handle, it is vital for you to fully understand your legal rights and options. Bowen Amaker, Attorneys at Law, is happy to answer your questions by offering a free initial consultation..  We have compiled a list of common Bankruptcy Myths that many people believe are true, which we can assure you are not what you can expect to occur in your bankruptcy. 

• Everyone will know I have filed for bankruptcy.

Unless you are a very important person or a major corporation, chances are that the only people that will know about your bankruptcy are your creditors.  Although filing bankruptcy  is of public record, the number of people filing everyday are so massive, publications are unlikely to run it. 

• All debts are wiped out in a Chapter 7 Bankruptcy .

Unfortunately not.  There are certain types of debts that can’t be eliminated.  For example, child support and alimony, student loans, and debts incurred as a result of fraud.  If you defrauded someone and a judgment has been made against you, that won’t erase either.

• I will lose everything.

This is definitely not true.  Generally, debtors are able to keep most of their belongings – especially their home and car (as long as there is very little equity in each).  It is not true that the government will sell everything you have and you will have to start over in a cardboard box.  Every state has exemptions which protect certain types of assets (i.e., your house, car, retirement plans, household goods, clothing).  If you are worried that you will lose everything in bankruptcy, contact our office to learn more. 

• I will never get credit again.

False.  After receiving a discharge from bankruptcy, you will begin receiving credit card offers.  However, be aware that they will be for high interest rate credit cards.  I advise you not to run up your credit cards again because it will be another eight years before you can  file another Chapter 7 bankruptcy petition again. 

• If you’re married, both spouses have to file for bankruptcy.

Not True.  Although it may be a better option to file a joint petition, it is not required of married couples.  There are various reasons why married couples may not file jointly – i.e., the debt one spouse incurred took place prior to being married. 

• It is really hard to file for bankruptcy.

Although it may be hard to file for bankruptcy due to the vast amount of paperwork involved, it is not difficult to qualify for bankruptcy. 

• Only deadbeats file for bankruptcy.

Although there use to be a stigma associated to filing for bankruptcy, in today’s society, the same does not hold.  The economy after the real estate bust has placed a lot of individuals in the unemployment line through no fault of their own.  Imagine the individual that had substantially good credit and paid his bills on time while employed.  But due to the economic downturn, he has lost his job and is unable to meet his monthly payments.  It then becomes a snowball effect where the debtor is now missing other credit card payments, mortgage payments, utility payments, etc…  This is what our society has become – no deadbeats – only unfortunate households. 

• You can’t get rid of back taxes.

Generally speaking, this is true.  However, if you have taxes that are over 3 years old and you had filed all your tax returns, it may be eligible for discharge.  However, speak to an attorney to learn more about discharging tax debt. 

• I can max out all my credit cards.

Unfortunately, the bankruptcy courts disfavor this type of activity.  Should they be aware of this type of activity (and they usually are), they may either dismiss your case entirely or require you to be responsible for this amount of debt incurred in your recent transactions. 

Consult a Bankruptcy Attorney.   Contact us today for your free consultation.

Adoption Services

Bowen Amaker, LLP assists with adoption and adoption placement.  If you are currently pregnant and considering placing your child for adoption, or if you have a child between the ages of 0 to 5 years and considering adoption for whatever the reason feel free to contact us today.

Your call will remain confidential.  We can introduce you to one of our clients who is currently seeking to adopt a child.  Feel no pressure to speak to the potential adoptive parents yourself, we can speak with you on their behalf.

Likewise, if you are someone who is interested in adopting a child, contact us as well.

We understand that life happens, and when it happens to you contact attorneys who understand....contact
Bowen Amaker, LLP  803.724.1320

They still get 1/3??

I have run into several situations lately that involved spouses who had been separated and/or estranged from one another for 6 months or more.  One of the spouses comes to request that I do a Last Will and Testament with them.  After reviewing all of their information and giving them their options, I proceed to remind them that in the state of South Carolina, a spouse can request their 1/3 spousal share after the death of a spouse.  They all seem confident in their thoughts and/or opinions when they express to me that they are separated and have been for some time.  However their hope turns to dismay when I make them aware of the fact that there is no such thing as legal separation in the state of South Carolina.  That in order to keep a spouse from claiming 1/3 Elective Share, they must no longer be your spouse.  In other words, you must be divorced. 

I wrote this simple short blog to say this to you....do not put off for tomorrow what you can do today.  If it is your sincere desire to divorce your spouse, then put it into action.  Not doing so can have very serious consequences.

They said they would sign the paperwork.....????......

Jane Doe comes to my office and tells me a story and asks for my help.  Her story is simple:  "Mary Jane and Bobby Joe told me that I can keep their child Suzy Q.  They stated that they would sign a piece of paper giving me custody.  Will you draw up this piece of paper for them to sign?"

Jane Doe is somewhat surprised when I inform her that I cannot draft any documents giving her custody or guardianship over anyone's child.  I inform her that only a South Carolina Judge can do this for her, however I am able to assist her with the legal representation necessary to complete the process.

When a person tells you that they need for you to take care of their child for them.  You should seek to go through the appropriate channels to make sure it is done legally. You may ask a court of law to make you guardian or give you temporary custody of the minor child.  If the biological parents no longer wish to keep the child, you would then seek to adopt the child.

Guardianship, Custody and Adoption are very detailed processes.  Seek the services of a knowledgeable family law attorney.  For more information, contact W. M. Bowen, Attorney at Law.