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MURRAY v. AARON MIZELL TRUCKING COMPANY

0531

286 S.C. 351 (1985)

334 S.E.2d 128

Lester Clay MURRAY, Respondent, v. AARON MIZELL TRUCKING COMPANY, sub-contractor to Dean-Dempsey Lumber Company, and Aaron Mizell Trucking Company, sub-contractor for Roy Davis and South-eastern Lumber Manufacturers Fund and/or Palmetto Timber Self-Insured Fund, of whom Roy Davis and Palmetto Timber Self-Insured Fund are Appellants. Appeal of Roy DAVIS and Palmetto Timber Self-Insured Fund.

Court of Appeals of South Carolina.

Decided August 5, 1985.

Attorney(s) appearing for the Case

Charles E. Carpenter, Jr., and W. Hugh McAngus, of Richardson, Plowden, Grier & Houser, Columbia, for appellants.

Gene W. Dukes, St. George, for respondent.

Ernest J. Nauful, Jr., of Nauful & Ellis, Columbia, for respondent Southeastern Lumber Manufacturers Fund.

Heard May 22, 1985.

Decided Aug. 5, 1985.

CURETON, Judge:

The respondent Lester Clay Murray suffered an accidental injury when logs fell from a truck operated by him. The sole issue presented in this appeal is whether Murray is the statutory employee of appellant Roy Davis or of respondent Dean-Dempsey Lumber Company for purposes of workers' compensation. The single Commissioner, Full Commission and circuit court determined that he was the statutory...

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