Justice BEATTY:
We granted a petition for a writ of certiorari to review Bartley v. Allendale County School District, 381 S.C. 262, 672 S.E.2d 809 (Ct.App.2009), in which the Court of Appeals held Sandra Bartley was entitled to benefits for an injury to her neck that resulted in a thirty percent permanent disability to her back, but denied all other benefits. On appeal, Bartley contends her physical injury combined with her pre-existing impairments
On September 26, 2002, Bartley was working as a special needs teacher with the Allendale County School District when a child accidently collided with her during recess and knocked her down while trying to give her a hug. Bartley fell onto a chain link fence and landed on the ground on top of some tree roots, and the child fell on top of her.
Bartley sought medical treatment and was thereafter referred to an orthopedic medical practice. Bartley told the orthopedic physician that she could not lift her arm and that she had pain in her right shoulder and her arm muscles, as those were the problems that most concerned her. The orthopedic physician noted in early April 2003 that Bartley's original physician had unfortunately misdiagnosed Bartley as having tendonitis bursitis of the shoulder and had referred her
On May 14, 2003, Bartley underwent surgery for a cervical fusion. After that, Bartley seemed to be doing better and believed that she could return to teaching. Bartley filed a Form 50 on July 18, 2003 noting injuries to her neck, right arm, right hand, and left knee, as well as the occurrence of migraine headaches.
In August 2003 Bartley began a new job teaching for Richland County School District One in Columbia. From August to October of 2003, Bartley began having more pain. Bartley attributed this to her teaching duties, which required her to work long hours and to lift a lot of equipment and other items. In October 2003, a student picked up a desk and threatened to throw it at Bartley. She was not physically harmed, but according to Bartley, the threat brought back memories of being injured in 2002 and made her fearful that she could be injured again.
Bartley's physician prescribed a medical leave of absence after October 2003, stating her "neuropathic parascapular pain" was "definitely related to the incident on September 26, 2002" and was "most likely going to result in temporary or total disability to perform her work as she did prior to these injuries." Bartley returned to work briefly in January 2004
On December 10, 2004, Bartley filed a second Form 50 seeking a hearing. Bartley noted injuries to her cervical spine that resulted in pain, tingling and numbness down the right side of her body (including the neck/shoulder/arm/hand/buttocks/leg); dizziness; headaches; ringing in her ears; and emotional/mental problems (post-traumatic stress disorder).
A hearing was held in August 2005 before a commissioner of the South Carolina Workers' Compensation Commission. Bartley submitted a "Psychological Discharge Summary" dated January 4, 2005 from Dr. Clay Drummond, a clinical psychologist, who diagnosed her as having a pain disorder associated with both psychological factors and a general medical condition, post-traumatic stress disorder, chronic intractable pain, and cognitive degradation. Dr. Drummond stated: "It is most psychologically probable that her disorders were either caused by or exacerbated by her at work accident." Dr. Drummond found the "combination of [Bartley's] physical and emotional difficulties precludes her from doing any type of meaningful work" and that "[s]he will continue to need maintenance psychiatric medications and likely need periodic maintenance visits with a mental health professional."
Bartley also submitted a February 28, 2005 assessment from Joel D. Leonard, a Vocational Consultant, who reported that Bartley's "work-related injury from September 26, 2002 has had a severe and adverse effect on her ability to perform gainful work activity" and that she "is . . . totally disabled . . . due to the combined implications of her physio-vocational and psycho-vocational status." Leonard concluded "Bartley's work-related accident has had a catastrophic effect on her ability to access the open labor market and her ability to garner a weekly wage."
The commissioner found Bartley had suffered an injury to her neck in the 2002 accident and a resulting thirty percent
The Appellate Panel affirmed the commissioner's order with certain amendments and adopted the commissioner's findings of fact and conclusions of law. Specifically, the Appellate Panel affirmed the commissioner's finding that Bartley suffered a thirty percent permanent loss of use of her back as a result of her neck injury that occurred on September 26, 2002. The Appellate Panel found the claims for benefits for the buttocks, low back, right leg, dizziness, ringing in the ears, and psychological overlay were not barred by the statute of limitations in S.C.Code Ann. § 42-15-40, although it agreed with the commissioner's finding that these conditions were not caused by Bartley's work injury.
The Administrative Procedures Act ("APA") provides the standard for judicial review of workers' compensation decisions. Pierre v. Seaside Farms, Inc., 386 S.C. 534,
The Commission is the ultimate fact finder in workers' compensation cases. Jordan v. Kelly Co., 381 S.C. 483, 674 S.E.2d 166 (2009); Shealy v. Aiken County, 341 S.C. 448, 535 S.E.2d 438 (2000). As a general rule, this Court must affirm the findings of fact made by the Commission if they are supported by substantial evidence. Pierre, 386 S.C. at 541, 689 S.E.2d at 618. "Substantial evidence is that evidence which, in considering the record as a whole, would allow reasonable minds to reach the conclusion the Commission reached." Hill v. Eagle Motor Lines, 373 S.C. 422, 436, 645 S.E.2d 424, 431 (2007). "The possibility of drawing two inconsistent conclusions from the evidence does not prevent the Commission's finding from being supported by substantial evidence." Id.
Bartley contends the Court of Appeals erred in failing to reverse and remand her case to the Commission in light of this Court's decision in Ellison v. Frigidaire Home Products, 371 S.C. 159, 638 S.E.2d 664 (2006) (Ellison II), which reversed the Ellison I case relied upon by the single commissioner and the Appellate Panel. Bartley contends she has suffered a greater disability than the specific injury to her neck. The Court of Appeals found Ellison II to be inapplicable.
Ellison fractured his leg while operating a forklift for Frigidaire and sustained a twenty percent impairment to his leg. Ellison v. Frigidaire, 360 S.C. 236, 238, 600 S.E.2d 120, 121 (Ct.App.2004). At the time of his accident, Ellison had been suffering for several years from hypertension and prostate
Ellison argued the combination of his accidental leg injury and his other medical ailments rendered him totally and permanently disabled. Id. Frigidaire, in contrast, argued Ellison was limited to the scheduled member benefits of a twenty percent impairment for his leg because only his leg was injured in his workplace accident. Id.
The commissioner and the Appellate Panel concluded the combination of Ellison's workplace injury and his other ailments rendered him totally disabled, and the circuit court affirmed. Id. at 238-39, 600 S.E.2d at 121. The Court of Appeals reversed, finding S.C.Code Ann. § 42-9-400 (relied upon by Ellison) was inapplicable and that he was limited to benefits for a scheduled member (the leg) because there was no evidence that his workplace injury affected any body part other than his leg. Id. at 241, 600 S.E.2d at 122.
This Court reversed in Ellison v. Frigidaire Home Products, 371 S.C. 159, 638 S.E.2d 664 (2006). The Court held that Ellison's workplace injury, combined with his pre-existing physical conditions (including hypertension, sleep apnea, prostate cancer, diabetes, and congestive cardiac disease), rendered him physically unable to return to work and left him permanently and totally disabled. This Court interpreted section 42-9-400, which provided in relevant part as follows:
Id. at 161-62, 638 S.E.2d at 665.
This Court held there is no requirement that the pre-existing condition aggravated the work injury or that the work injury aggravated the pre-existing condition; rather, the question to be considered was whether the combined effects of the condition and the workplace injury resulted in a greater disability than would otherwise have existed:
Id. at 164, 638 S.E.2d at 666 (emphasis added).
In the current appeal, the Court of Appeals affirmed the determination of the Appellate Panel that Bartley was limited to benefits for an injury to her neck and a resulting thirty percent impairment to her back. Bartley v. Allendale County Sch. Dist., 381 S.C. 262, 672 S.E.2d 809 (Ct.App.2009).
The Court of Appeals rejected Bartley's argument that she is totally disabled and that her psychological and physical problems affect more than just her back and hinder her employment, entitling her to additional benefits. The Court of
Id. at 275, 672 S.E.2d at 815 (emphasis added). The "Richland incident" referred to above by the Court of Appeals occurred when a student threatened to throw a desk at Bartley.
In Bartley it appears the Court of Appeals focused on whether Bartley's 2002 accident caused her other medical conditions or whether it aggravated her pre-existing conditions. However, in Ellison II this Court held that aggravation was not a requirement but an alternative analysis: "There is no requirement that the pre-existing condition aggravated the injury, or that the injury aggravated the pre-existing condition, so long as there is a greater disability simply from the `combined effects' of the injury and the pre-existing condition." Ellison II, 371 S.C. at 164, 638 S.E.2d at 666.
The Court of Appeals recited the Ellison II standard in Bartley and noted that "the statute provides for the aggravation of a pre-existing condition as an alternative to the combined effects provision." Bartley, 381 S.C. at 273 n. 4, 672 S.E.2d at 814 n. 4. However, the Court of Appeals stated Bartley "has a long history of suffering from depression and
It is not the province of this Court or the Court of Appeals to engage in fact-finding, as that is solely the function of the Commission. The orders of both the commissioner and the Appellate Panel (which incorporated much of the commissioner's order) were affected by an error of law. The commissioner stated that he "d[id] not doubt that the Claimant's future prospects of employment will be limited," but that he "is not allowed to stack her personal ailments with her work related injury to make a finding of disability," citing Ellison I. The Appellate Panel incorporated this finding into its order. Thus, the Commission has not considered Bartley's claims applying the proper legal standard and has not made specific factual findings as to Bartley's other conditions because it made an initial determination that they could not be considered.
The Court of Appeals did not remand this case to the Commission but instead concluded Ellison II was not applicable. In doing so, it arguably made findings of fact (such as the effect of the "Richland incident") that were not made by the Commission and it also did not properly apply the legal standard in Ellison II because it focused on an aggravation analysis instead of a combined effects analysis, although it recited the language in Ellison II that indicated aggravation was not required.
The Commission, had it considered the application of the law in Ellison II, would have made additional findings of fact pertinent to this analysis that are missing from the record. Thus, a remand to the Commission is necessary to allow it to make the necessary factual findings and legal conclusions to resolve Bartley's claims. See, e.g., Fox v. Newberry County Mem'l Hosp., 319 S.C. 278, 280, 461 S.E.2d 392, 394 (1995) ("The duty to determine facts is placed solely on the Commission
Bartley has a long and complicated history of medical problems, and determining the extent, cause, and effects of her conditions has been the subject of debate among her treating physicians. The commissioner expressly applied the holding in Ellison I in finding Bartley was not allowed to "stack" her ailments in order to determine her overall disability, and this finding was adopted by the Appellate Panel. The commissioner made no additional findings after making the initial determination that other conditions could not be considered. The Commission's decision was affected by an error of law; therefore, we reverse the decision of the Court of Appeals and remand the matter to the Commission for consideration of Bartley's claims in light of this Court's decision in Ellison II.
TOAL, C.J., KITTREDGE and HEARN, JJ., concur.
PLEICONES, J., concurring in result only.
