McKinney v. Kimberly Clark Corp., 376 S.C. 636
(Ct. App. February 25, 2008)
Claimant did not have a unilateral right and was not entitled to select her treating physician where Appellate Panel ordered Employer to pay for medical treatment and select Claimant’s treating physician.
McKinney was injured while driving a forklift for Kimberly Clark. The single Commissioner ordered Kimberly Clark to pay for all past, present and continuing medical treatment. The Commissioner also ordered Kimberly Clark to pay for all causally related medical treatment and ordered it to select a treating physician for McKinney.
McKinney appealed, arguing that she should be allowed to select her own treating physician. The Appellate Panel and Circuit Court affirmed the single Commissioner’s order for Kimberly Clark to select McKinney’s physician. The Court of Appeals also affirmed the decision, holding that S.C. Code Ann. §§ 42-15-60 and 42-9-10 establish the rights of the employer and employee with regards to payments for medical treatments and ultimately gives great deference to the Appellate Panel. The statute does not give a unilateral right to claimants to select their treating physician, and such a right would undermine the authority of the Appellate Panel.
