The South Carolina Supreme Court essentially abandoned 19 years of court precedence by finding the divided premises rule applies to injuries sustained while on a public street traveling from one employer-controlled location to another employer-controlled location. The state’s highest court, with all justices agreeing, overturned the single commissioner, full commission, and state Court of Appeals… Continue Reading
Bus Driver’s Aneurysm Found Compensable
The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. Thomas v. 5 Star Transportation, Opinion No. 5298 (Ct. App. 2015). Compensability 5 Star employed George as a tour bus driver. On… Continue Reading
Kickball Game Organizer Covered When Injured During Game
In a 3-2 decision the Supreme Court reversed the Court of Appeals and the Workers’ Compensation Commission, finding an injury to the organizer of a company kickball game was compensable, although it may not have been for other employees, who merely played in the game. Whigham v. Jackson Dawson (Op. No. 27440 August 27, 2014).… Continue Reading
Stumble on Sidewalk While Leaving Work Not Compensable
Happy Tuesday! Post by Anne Marie Hempy As we make our way to the holiday weekend, I am going to post some brief workers’ comp case law updates each day through Thursday. These case law updates originally appeared in the Spring newsletter edition of South Carolina Workers’ Compensation Quarterly. If you like reading stuff like this,… Continue Reading
