THE STATE OF SOUTH CAROLINA

In The Supreme Court

Elizabeth H. Tiller, Respondent,

v.

National Health Care

Center of Sumter, Petitioner.

ON WRIT OF CERTIORARI TO THE COURT OF

APPEALS

Appeal From Sumter County

H. Dean Hall, Judge

Opinion No. 24915

Heard January 21, 1999 - Filed March 8, 1999

AFFIRMED AS MODIFIED

John C. Land, III, and J. Calhoun Land, IV, of

Land, Parker & Reaves, of Manning, for

respondent.

George C. James, Jr., of Richardson & James, of

Sumter, for petitioner.

BURNETT, A.J.: In this workers' compensation case, a single

commissioner of the South Carolina Workers' Compensation Commission

(the Commission) concluded respondent had suffered a compensable back

injury and awarded temporary total benefits plus medicals. The full

p.23

Commission, the circuit court, and the Court of Appeals affirmed finding

substantial evidence supported the award. Tiller v. National Health Care

Center of Sumter, Op. No. 97-UP-343 (S.C. Ct. App. refiled Sept. 11,

1997). This Court granted National Health Care Center of Sumter's

(National Health) petition to review the Court of Appeals' opinion. We

affirm as modified.

FACTS

Respondent, a registered nurse, worked at National Health.

On December 18, 1994, respondent was dispensing medications to the

residents of National Health. As she pushed the medication cart from a

tile floor to a carpeted floor, the wheels unexpectedly jammed causing pain

in respondent's lower back and right leg. Respondent finished working

her shift; however, the next morning she was unable to get out of bed.

Respondent made an appointment to see Dr. Davis.

X-rays of respondent's back and legs were taken on December

20, 1994. These films were essentially normal; however, they did reveal

respondent's L5-SI disc was severely deteriorated and there was a milder

narrowing and spur formation at L3-L4. Because the pain persisted,

respondent was referred to Dr. Gee, an orthopaedist. By February 8,

1995, X-ray films showed the intervertebral space at L3-L4 was essentially

obliterated by what Dr. Gee diagnosed as discitis, a disc space infection

caused by E. coli bacteria. Respondent was hospitalized for approximately

one month.. On March 13, 1995, Dr. Edwards, an orthopaedist,

hospitalized respondent again and referred her to HealthSouth

Rehabilitation Center for physical therapy and antibiotic treatment.

The single commissioner found in favor of respondent and

awarded her temporary total weekly benefits. The commissioner found the

jamming of the medicine cart wheels aggravated respondent's pre-existing

condition of a degenerated disc at L5-S1. Further, the commissioner found

the discitis at L&IA, caused by either a stab wound or a urinary tract

infection, was aggravated by the injury of December 18, 1994.

National Health appealed arguing respondent failed to prove

her case by the preponderance of the evidence. The full Commission, the

circuit court, and the Court of Appeals affirmed the single commissioner's