High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury

The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing an employer to base its defense on a worker's failure to disclose a prior injury. Issac Brailey began working for Michelin North America Inc. in April 2017. He passed a physical during Michelin's hiring process and was cleared for full duty. He trained as a rubber stretcher for very large mining tires. Brailey allegedly injured his back at work in June 2017 and filed a workers’ compensation claim. A ...