Smith v. South Carolina Department of Mental Health

HOWELL, Chief Judge:

Alphonso Smith appeals from the circuit court’s affirmance of the decision of the Workers’ Compensation Commission finding that he suffered a 12% permanent disability to his spine and allowing his employer, the South Carolina Department of Mental Health (DMH), to stop payment of his temporary benefits. We affirm in part, reverse in part, and remand.

I

In 1975, when he was still in high school, Smith was categorized as “educable retarded,” with a full scale I.Q. of 64. The record, however, reveals that Smith giggled and flirted with the examiner during the tests, and that…