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Shatto v. McLeod Regional Medical Center and Key Risk Management Services, Inc.

Court of Appeals of South Carolina

June 11, 2014

Mildred H. Shatto, Employee/Claimant, Respondent,
v.
McLeod Regional Medical Center and Key Risk Management Services, Inc., Employer/Carrier, Appellants, and Staff Care, Inc., and Travelers Insurance, Employer/Carrier, Respondents

Submitted December 18, 2013

Appeal From The Workers' Compensation Commission. Appellate Case No. 2009-130166.

Weston Adams, III, and Helen Faith Hiser, both of Columbia, and Walter Hilton Barefoot, of Florence, all of McAngus Goudelock & Courie, LLC; Carmelo Barone Sammataro, of Turner Padget Graham & Laney, PA, of Columbia, for Appellant.

John S. Nichols, Margaret Miles Bluestein, and Blake Alexander Hewitt, all of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent Mildred Shatto; Candace G. Hindersman, of Willson Jones Carter & Baxley, PA, of Columbia, for Respondent Staff Care, Inc.

WILLIAMS, J. GEATHERS and LOCKEMY, JJ., concur.

OPINION

[408 S.C. 596]

Page 444

ON REMAND FROM THE SUPREME COURT

WILLIAMS, J.

This case comes before this court on remand after our supreme court's decision in Shatto v. McLeod Regional Medical [408 S.C. 597] Center, 406 S.C. 470, 753 S.E.2d 416 (2013), with instructions to address whether Mildred Shatto's fall while in the operating room at McLeod Regional Hospital (McLeod) was idiopathic in nature. After a review of the record, we affirm the order of the Appellate Panel of the Workers' Compensation Commission (the Appellate Panel) and find Shatto suffered a compensable, work-related injury.

FACTS/PROCEDURAL HISTORY

The facts surrounding Shatto's employment with McLeod are largely set forth in Shatto v. McLeod Regional Medical Center, 394 S.C. 552, 716 S.E.2d 446 (Ct. App. 2011). Shatto secured employment at McLeod after procuring the services of Staff Care, Inc. (Staff Care), a temporary medical service staffing company. Staff Care placed Shatto with McLeod as a certified registered nurse anesthetist (CRNA) to provide temporary medical services as a CRNA from November 2007 until February 2008. On December 21, 2007, Shatto fell on the operating room floor while assisting in the anesthetization of a patient. Shatto was treated in McLeod's emergency room and diagnosed with a contusion to the right eye. At the end of December 2007, Shatto's assignment with McLeod was terminated.

On April 30, 2008, Shatto filed a Form 50 against McLeod and Staff Care. After a hearing, the single commissioner concluded Shatto was an employee of McLeod and sustained an injury by accident in the course of her employment. McLeod appealed the single commissioner's decision, and the Appellate Panel affirmed the single commissioner. In McLeod's initial appeal to this court, it presented the following two questions: (1) whether Shatto was an employee of McLeod; and (2) whether Shatto's fall was compensable and not idiopathic in nature. After concluding Shatto was not an employee, this court declined to address McLeod's remaining contention regarding the compensability of her fall. Shatto, 394 S.C. at 567, 716 S.E.2d at 454. Shatto then appealed to our supreme court, which concluded " the evidence, although not one-sided, preponderate[d] in favor of an employment ...


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