Thomas Contreras v. St. John's Fire District
Syllabus
Thomas Contreras appeals an order from the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel) that awarded him permanent partial disability (PPD) compensation for a single member as a result of an injury to his right shoulder. On appeal, Contreras contends the Appellate Panel erred in making a single member disability award when the evidence showed his disability should have been awarded under the loss of earnings capacity statute. He argues the Appellate Panel erred in limiting compensation to injury for the shoulder, despite overwhelming evidence of injury to multiple scheduled body parts. Additionally, he asserts that on remand, the Appellate Panel erroneously substituted its judgment for the previous Appellate Panel. We affirm.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- A defendant “has both a due process right to be present at his sentencing ... as well as a Sixth Amendment right to effective assistance of counsel at sentencing.”
- unconstitutional in absentia sentencing of a criminal defendant is structural error
- unconstitutional in absentia sentencing of a criminal defendant is structural error
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