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ROBERTSON v. BRISSEY'S GARAGE, INC.

20582

270 S.C. 58 (1978)

240 S.E.2d 810

Margaret ROBERTSON (Brissey), Respondent, v. BRISSEY'S GARAGE, INC., and United States Fidelity and Guaranty Company, Appellants.

Supreme Court of South Carolina.

January 17, 1978.

Attorney(s) appearing for the Case

Robert S. Galloway, Jr., of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, for Appellants.

C. Ben Bowen, of Abrams, Bowen, Robertson & Tapp, Greenville, for Respondent.

January 17, 1978.

RHODES, Justice:

In this appeal from an award of Workmen's Compensation death benefits the employer and insurance carrier assert that the decedent's widow is barred by S.C. Code § 42-15-40 (1976) from claiming benefits because of failure to file her claim within one year. The Industrial Commission, affirmed by the Circuit Court, held that the appellants were estopped to assert the one year limitation...

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