Pee v. AVM, INC.’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Employer contends a repetitive trauma injury does not qualify as an “injury by accident” because the cause of the injury is not unexpected and the injury lacks definiteness of time..... As we more recently stated, “in determining whether something constitutes an injury by accident the focus is not on some specific event, but rather on the injury itself.” Stokes v. First Nat’l Bank, 306 S.C. 46, 50 , 410 S.E.2d 248, 250 (1991). Further, an injury is unexpected, bringing it within the category of accident, if the worker did not intend it or expect it would result from what he was doing. Colvin [v. E.I. DuPont De Nemours Co.], 227 S.C. at 468-69, 88 S.E.2d at 582 (emphasis added). Therefore, if an injury is unexpected from the worker’s point of view, it qualifies as an injury by accident. Here, there is no evidence Claimant intended or expected to be injured as a result of her repetitive work activity. Employer’s contention that the cause of the injury must be unexpected is incorrect. Under South Carolina law, if the injury itself is unexpected, it is compensable as an injury by accident. Definiteness of time, while relevant to proving causation, is not required to prove an injury qualifies as an injury by accident. For instance, in Sturkie v. Ballenger Corp., 268 S.C. 536 , 235 S.E.2d 120 (1977), we found the claimant’s emphysema, which developed gradually, was caused by repeated exposure to high humidity and dust on the job and was therefore compensable as an injury by acciden”

   1 later decision quote this exact passage
   e.g. Hargrove v. Titan Textile Co.