Massey v. Werner Enterprises ( 2009 )

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Marsha Elaine Massey, Employee, Respondent,

v.

Werner Enterprises, Inc., Employer, and Liberty Mutual Insurance Corp., Carrier,  Petitioners.

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ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

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Appeal From Greenville County
Doyet A. Early, III, Circuit Court Judge

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Memorandum Opinion No.  2009-MO-034
Submitted June 24, 2009 – Filed June 29, 2009 

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REVERSED AND REMANDED

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Stanley T. Case, of Butler, Means, Evins & Browne, of Spartanburg, for Petitioners.

Kathryn Williams, of Greenville, for Respondent.

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PER CURIAM:   Respondent filed a workers’ compensation claim to recover benefits payable as a result of an injury she suffered while allegedly employed by Werner Enterprises, Inc.  The single commissioner found for respondent, and the full commission affirmed.  Both the circuit court and the Court of Appeals affirmed.  Massey v. Werner Enterprises, Op. No. 2008-UP-126 (S.C. Ct. App. filed Feb. 20, 2008).  Petitioners have filed a petition for a writ of certiorari seeking review of the Court of Appeals’ decision.  We grant the petition for a writ of certiorari, dispense with further briefing and remand this case to the Court of Appeals for further consideration of the issues on appeal, in light of the Court’s recent opinion in Wilkinson v. Palmetto State Transp. Co., 382 S.C. 295, 676 S.E.2d 700 (2009).

REVERSED AND REMANDED.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.