Brunson v. Wal-Mart Stores, Inc.

I respectfully dissent. The result reached by the majority imposes an improper judicial limitation upon S.C.Code Ann. § 42-1-40 (1985 & Supp.1999) and the Full Commission. This decision threatens the right and duty of the Commission to factually analyze and apply the statute.

The procedural posture of this case reveals a decision by the Single Commissioner, affirmed in toto by the Full Commis*114sion, and validated by the Circuit Court. The only issue in this case is the interpretation and application of S.C.Code Ann. § 42-1-40 (1985 & Supp.1999):

“Average weekly wages” means the earnings of the…