Nicholson v. S.C. Department of Social Services

I concur in the decision to reverse the Court of Appeals because, in my opinion, the Commission’s finding that petitioner suffered a compensable injury when her foot caught on the carpet was supported by substantial evidence and therefore should have been upheld. Whigham v. Jackson Dawson Commc’ns, 410 S.C. 131, 763 S.E.2d 420 (2014). I write separately because I disagree with much of the majority’s exposition of law.

The majority commits two errors, in my opinion. First, it misapplies the “arising out of’ requirement for compensability *391by equating it to the “in the course of’ requirement. See…