Johnson v. Kohler Company ( 2013 )


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  • 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 Court of Appeals
    Marshall Corbin Johnson, Employee, Respondent,
    v.
    Kohler Company, Self Insured, Carrier, Appellant.
    Appellate Case No. 2011-205450
    Appeal From The Workers' Compensation Commission
    Unpublished Opinion No. 2013-UP-050
    Submitted December 3, 2012 – Filed January 30, 2013
    AFFIRMED
    Russell Thomas Infinger and Tracey Robin Perlman,
    both of Nexsen Pruet, LLC, of Greenville, for Appellant.
    Patrick E. Knie, of Patrick E. Knie, PA, of Spartanburg,
    for Respondent.
    PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
    authorities: Hall v. Desert Aire, Inc., 
    376 S.C. 338
    , 347, 
    656 S.E.2d 753
    , 757 (Ct.
    App. 2007) ("Any review of the Appellate Panel's factual findings is governed by
    the substantial evidence standard."); 
    id. at 348
    , 656 S.E.2d at 758 ("Where there
    are conflicts in the evidence over a factual issue, the findings of the Appellate
    Panel are conclusive."); McCuen v. BMW Mfg. Corp., 
    383 S.C. 19
    , 24, 
    677 S.E.2d 28
    , 31 (Ct. App. 2009) ("An injury arises out of employment if a causal
    relationship between the conditions under which the work is to be performed and
    the resulting injury is apparent to the rational mind, upon consideration of all the
    circumstances."); Houston v. Deloach & Deloach, 
    378 S.C. 543
    , 555, 
    663 S.E.2d 85
    , 91 (Ct. App. 2008) ("An injury occurs in the course of employment within the
    meaning of the Workers' Compensation Act when it occurs within the period of
    employment at a place where the employee reasonably may be in the performance
    of his duties and while fulfilling those duties or engaged in something incidental
    thereto." (internal quotation marks omitted)).
    AFFIRMED.1
    HUFF, THOMAS, and GEATHERS, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2013-UP-050

Filed Date: 1/30/2013

Precedential Status: Non-Precedential

Modified Date: 10/22/2024