## Facts

- Richard Strickland suffered a compensable head and neck injury at work on March 17, 1992.
- He underwent cervical spine surgery for a herniated disc and, due to surgical complications, became a quadriplegic.
- Strickland previously received an award of permanent and total lifetime disability benefits.
- The employer and carrier stipulated that a modified van was medically necessary and agreed to pay for the modifications to accommodate Strickland’s quadriplegia.
- Strickland purchased a 1993 van for $23,338.90; the parties stipulated the average price of a 1993 automobile was $19,000, a difference of $4,338.90.
- The dispute was whether the employer must pay the full base cost of the unmodified van or only the incremental cost above a mid-range automobile, plus the modification costs.

## Issues

1. Under S.C. Code Ann. § 42-15-60, must an employer/carrier pay the full base price of an unmodified van for a permanently and totally disabled quadriplegic employee, or only the additional cost attributable to the disability (plus medically necessary modifications)?

## Decision

- The Court of Appeals affirmed the circuit court, full commission, and single commissioner.
- The employer was not required to pay the full cost of the unmodified van.
- The employer was required to reimburse $4,338.90 (the difference between the cost of the van and a mid-range automobile of the same year) and to pay the cost of medically necessary modifications.

## Legal Principles

- Section 42-15-60 provides lifetime payment for “reasonable and necessary” medical-related services and “other treatment or care” in cases of total and permanent disability.
- Even though workers’ compensation statutes are construed liberally for injured workers, coverage for “other treatment or care” does not extend to ordinary personal living expenses unrelated to the injury.
- When an item has both ordinary personal-use components and disability-related components, the employer’s obligation may be limited to the injury-related incremental cost that is reasonably necessary due to the compensable condition.
- Commission determinations limiting reimbursement to incremental, injury-related costs will be upheld when consistent with the statute and supported by the record.

## Conclusion

The court held that § 42-15-60 required payment for medically necessary van modifications and only the added cost of obtaining a van rather than a standard automobile, not the full base price of the unmodified vehicle.


Strickland v. Bowater, Inc., 472 S.E.2d 635 (S.C. Ct. App. 1996)