DocketNumber： 2008-UP-643
Filed Date： 11/17/2008
Status： Non-Precedential
Modified Date： 10/22/2024
THIS OPINION HAS NO PRECEDENTIAL VALUE, IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Curtis Howard, Claimant,
v.
Marvin Pittman Erectors, Employer and South Carolina Uninsured Employers Fund, Carrier, Defendants,
of whom Curtis Howard and Marvin Pittman Erectors are, Respondents,
And
South Carolina Uninsured Employers Fund is the Appellant.
Appeal From Pickens County
Edward W. Miller, Circuit Court Judge
Unpublished Opinion No. 2008-UP-643
ubmitted November 3, 2008 Filed
November 17, 2008
AFFIRMED
Robert Merrell Cook, II, of Batesburg-Leesville, for Appellant.
Michael S. Swindell, of Greenville; and Marvin Pittman, pro se, of Easley, for Respondents.
PER CURIAM: In this workers compensation case, South Carolina Uninsured Employers Fund appeals the trial courts ruling that Marvin Pittman Erectors was subject to the South Carolina Workers Compensation Act (the Act). We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. § 42-1-360(2) (Supp. 2007) (providing an employer that regularly employs fewer than four employees in the same business is exempt from the Act); Hernandez-Zuniga v. Tickle, 374 S.C. 235, 248, 647 S.E.2d 691, 698 (Ct. App. 2007) (contrasting regular employment with casual employment, and defining casual employment as occasional or by chance and not in the usual course of the employers trade or business); Id. at 245-46, 647 S.E.2d at 696-97 (quoting 4 Larson, Workers Compensation §§ 74.01-02 (addressing the minimum employee requirement and providing the number of employees working at the exact time of injury is immaterial)); Harding v. Plumley, 329 S.C. 580, 584, 496 S.E.2d 29, 31 (Ct. App. 1998) (providing the issue of whether an employer regularly employs the requisite number of employees is jurisdictional; therefore, the appellate court is not bound by the Appellate Panels findings of fact and resolves the issue by determining whether the preponderance of evidence supports inclusion under the Act); Grouse v. DRB Baseball Mgmt., Inc., 465 S.E.2d 568, 570 (N.C. App. 1996) (defining regularly employed as employment of the same number of persons throughout the period with some consistency).
AFFIRMED.
HEARN, C.J., SHORT and KONDUROS, JJ., concur.
[1] We decide this case without oral argument pursuant to Rule 215, SCACR.