In the July 9, 2007 index issue of South Carolina Lawyer’s Weekly, a case handled by Hedrick Gardner’s Edwin P. Martin, was listed as one of the 50 most important Appellate Court opinions issued this year to date in the state. Martin, a partner in the firm’s Columbia office, argued the case of Jordan v. Kelly Co. Inc., where the respondent was employed as a long-haul truck driver for the trucking company specializing in transporting oversized equipment. The respondent suffered a heart attack during one of his trips for Kelly Co., Inc. and claimed the attack resulted from unexpected strain or over-exertion in the performance of duties of his employment, or extraordinary conditions of his particular trip on January 11, 2003.
The respondent sought workers’ compensation benefits and the single commission issued an order reflecting the heart attack was compensable. However, the Appeals Court reversed the decision, citing there was evidence to support the ruling that the circumstances of the trip were not extraordinary.
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