Crisp v. SouthCo. Inc., 701 S.E.2d 762
Physical Brain Injuries and Substantial Evidence
Crisp, an employee of SouthCo., was assisting a coworker in installing a fence, when he was struck in the head, neck, back, and right upper extremity by a Bobcat bucket. Following his accident, Crisp treated with a number of physicians for his back injury, neck injury, and headaches. An MRI of his brain revealed no abnormalities. Dr. Robert Moss, a psychologist, diagnosed Crisp with a traumatic brain injury based on Crisp’s subjective complaints. Dr. Thomas Collings, a neurologist, diagnosed Crisp with a closed head injury; however, Dr. Collings opined that based on the medical records, Crisp’s head injury appeared to be “very minor.” Dr. David Price, a psychologist and professor at MUSC, concluded that there was no credible medical evidence that Crisp sustained a brain injury. Dr. Price noted that lack of objective findings of a brain injury.
The Hearing Commissioner found that Crisp sustained a head injury resulting in cognitive disorders to his brain but that Crisp did not sustain a physical brain injury. The Appellate Panel affirmed. The Circuit Court reversed and determined that Crisp sustained a physical brain injury.
The Court of Appeals reversed the Circuit Court’s finding of a physical brain injury. The Court noted that even though there was conflicting evidence in the record, there was substantial evidence to support the Commission’s finding that Crisp did not sustain a physical brain injury. The Court noted the lack of objective findings and the fact that the physicians who saw Crisp immediately after his accident did not note symptoms that were common with a physical brain injury.
