THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The South Carolina Second Injury Fund,        Appellant

v.

Liberty Mutual Insurance Company,        Respondent.

In Re:/Elmer F. Stewart,        Claimant

v.

Bowater Incorporated,        Employer.

Appeal From York County
John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2003-UP-052
Submitted November 20, 2002 � Filed January 16, 2003

AFFIRMED

Brooks Shealy, of Columbia; for Appellant.

Pope D. Johnson, of Columbia; for Respondent.

PER CURIAM:� Employer brought suit seeking reimbursement from the South Carolina Second Injury Fund for payment made to Elmer Stewart under a clincher agreement.� The single commissioner ordered the fund to pay part of the costs, and the full commission and circuit court both affirmed.� The fund appeals, arguing there could have been no aggravation of the preexisting condition by the present injury.�

We affirm pursuant to Rule 220(b)(2), SCACR and the following authorities: S.C. Code Ann. � 1-23-380(A)(6) (Supp. 2001) (substantial evidence standard); Lark v. Bi-Lo, 276 S.C. 130, 276 S.E.2d 304 (1981) (substantial evidence standard set forth in Administrative Procedures Act governs appeals from Worker�s Compensation Commission); Tiller v. Nat�l Health Care Ctr., 334 S.C. 333, 339-341, 513 S.E.2d 843, 846 (1999) (Commission can review both lay and expert evidence and assign such weight as it finds credible.); S.C. Code Ann. � 42-9-400 (1976 & Supp. 2001) (requirements for reimbursement from Second Injury Fund); Liberty Mut. Ins. Co. v. S.C. Second Injury Fund, 318 S.C. 516, 458 S.E.2d 550 (1995) (If carrier incurs greater liability for compensation or medical payments as a result of preexisting injury, he is entitled to reimbursement for greater payments.); State Workers� Compensation Fund v. S.C. Second Injury Fund, 313 S.C. 536, 443 S.E.2d 546 (1994) (Reimbursement was proper where claimant would not have been disabled �but for� preexisting conditions and total disability qualified as subsequent disability arising out of employment.). [1]

AFFIRMED.

CONNOR, STILWELL, and HOWARD, JJ., concur.