Merchants Mutual Insurance v. South Carolina Second Injury Fund

Gregory, Justice:

This is a workmen’s compensation case. The South Carolina Second Injury Fund (the Fund) appeals the order of the Circuit Court awarding reimbursement to respondent Merchants Mutual Insurance Company. The main issue is whether respondent is barred from reimbursement due to failure to comply with the statutory requirements. We reverse.

An employee of Santee Cement Carriers, Inc., an insured of respondent, was injured in a truck accident on March 13, 1975. He was examined by Dr. Thompson on June 23, 1975, who found deterioration of the employee’s hip due to sickle cell disease…