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KIMMER v. MURATA OF AMERICA, INC.

No. 4187.

372 S.C. 39 (2006)

640 S.E.2d 507

Richard KIMMER, Respondent, v. MURATA OF AMERICA, INC. and Liberty Mutual Insurance Company, Appellants.

Court of Appeals of South Carolina.

Decided December 18, 2006.

Rehearing Denied January 29, 2007.

Attorney(s) appearing for the Case

Pope D. Johnson, III, of Columbia, for Appellants.

Thomas H. Pope, of Newberry, for Respondent.

ANDERSON, J.:

In this workers' compensation action, Richard Kimmer sought benefits for an alleged work injury. Before filing his workers' compensation claim and without notifying his employer-carrier (collectively Murata), Kimmer settled a third party claim for the liability policy limit. The single commissioner concluded Kimmer elected his remedy by failing to notify Murata, and his workers' compensation claim was barred. The Appellate Panel adopted the single commissioner...

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