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March 7, 2013

March 06, 2013

Welcome to the South Carolina Bar's E-Blast! 
March 7, 2013
E-Blast highlights upcoming activities, legal information and links to the Bar's website at 
www.scbar.org
Click
here for the most recent CLE Edition, which highlights upcoming CLE opportunities.

BallotBox survey on behalf of the Judicial Merit Selection Commission for judicial candidates
The Judicial Merit Selection Commission requests input in the General Assembly's screening of the Spring 2013 Judicial candidates
listed in this media release. The Commission must determine whether each candidate is qualified to serve, and in this regard, seeks the opinion of practicing attorneys, members of the judiciary and clerks of court as to each candidate's fitness for the bench. Please note that this request is separate and distinct from the phone survey responses which will still be requested of Bar members by the Bar's Judicial Qualifications Committee. However, the Commission will share the tabulated results with the Bar’s Judicial Qualifications Committee for this screening. BallotBox Online, LLC will send the electronic survey to Bar members on Monday, March 11.

Federal Administrative Law Judge examination open
The Federal Administrative Law Judge examination period is now open. Interested applicants should apply online by Friday, March 15. 

Fast Track jury trials
Chief Justice Toal has issued an administrative order authorizing the Fast Track jury trial process. The 
attached procedures and form for the voluntary use of the process statewide have been adopted, and the Fast Track jury trial process may be implemented by the Chief Administrative Judge.

Recent CLE publication releases
Did you miss the latest publication releases from the CLE Division? Get your copies today of 
Marital Litigation in South Carolina, 2012 SupplementS.C. Construction Law Desk BookS.C. Law of Torts, 2012 Supplement; and So Your Going to Try Your First Case. Visit the online publication store for a complete list of titles available.

See and be seen–Gala 2013!
The 2013 Bar Foundation Gala is in just two weeks, and preparations are underway! Dine and dance the night away as we celebrate the
Nifty Fifty of the S.C. Bar, the Ellen Hines Smith Legal Services Lawyer of the Year and the S.C. Bar Pro Bono Lawyer of the Year. Don’t forget to check out the latest items up for grabs during the silent auction. Join us so that additional support can be provided to the Foundation’s grantees who work daily to advance justice. Purchase tickets online or by calling (803) 765-0517.

Advance Sheet update
March 6, 2013
The S.C. Supreme Court granted certiorari to review the Court of Appeals’ decision affirming the order of the S.C. Workers’ Compensation Commission (Commission). The Commission awarded Sparks 500 weeks of compensation for total and permanent disability, but denied him lifetime benefits because he did not suffer “physical brain damage” within the meaning of Section 42-9-10(C) of the S.C. Code. The Court opined that to qualify as “physical brain damage” under Section 42-9-10(C), the damage must be severe and permanent as a result of a compensable injury. Because there is substantial evidence to support the Commission’s finding that Sparks did not suffer said type of damage, the Court affirmed the judgment of the Court of Appeals.
Sparks v. Palmetto Hardwood, No. 27229, is available
online

In this workers’ compensation case, the Court reversed the decision of the Court of Appeals, and remanded the case to the S.C. Workers’ Compensation Commission for a determination of MMI, permanency and whether Crisp’s injury constitutes “physical brain damage” under Section 42-9-10(C) of the S.C. Code. The Court reiterated its holding in Sparks v. Palmetto Hardwood, Op. No. 27229 (S.C. Sup. Ct. filed March 6, 2013) (Shearouse Adv. Sh. No. 11 at 14), that to qualify as “physical brain damage” pursuant to Section 42-9-10(C) of the S.C. Code, the brain damage must be both permanent and severe.
Crisp v. SouthCo., No. 27230, is available
online.
Justice Pleicones concurred in result in a separate opinion.

Firm announcements
Johnny Gardner Law Group, PA announces that James “Jim” T. Feldman and Heather M. Moore have joined the firm located at 212 Main St., Conway 29526. (843) 248-7135.

Johnson, Smith, Hibbard & Wildman Law Firm, LLP announces that Kristin Burnett Barber and Shane W. Rogers have become partners in the firm located at 220 N. Church St., Spartanburg 29306. (864) 582-8121.

Calendar
March 8
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building

March 8-9
High School Mock Trial State Competition, Lexington
Senior Lawyers Division Retreat, Charleston

March 11
Government Law Section Council Meeting, Conference Call

March 12
Employment and Labor Law Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call

March 13
Tax Law Section Council Meeting, Conference Call

March 14
Corporate, Banking and Securities Law Section Council Meeting, Conference Call

March 15
Bar Foundation Board Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

March 19
Project Citizen Training, Bar Building

March 21
Board of Governors Meeting, Conference Call
Family Law Section Council Meeting, Bar Building
Lawyers' Fund for Client Protection Meeting, Conference Call
Street Law Training, Bar Building

March 22
Bar Foundation Gala, Columbia Marriott
Professional Responsibility Committee Meeting, Bar Building

April 5
Children's Law Committee Meeting, Bar Building

April 8
Administrative and Regulatory Law Committee Meeting, Bar Building

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at 
doelhafen@scbar.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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