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MORRIS v. SC WORKERS' COMPENSATION COM'N

No. 26201.

370 S.C. 85 (2006)

634 S.E.2d 651

Skylet MORRIS, Kathy A. Snelling, and Jo Elizabeth Wheat, Respondents, v. The SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, J. Alan Bass, Lisa Denese Chavis, Sherry Shealy Martschink, W. Lee Catoe, Holly Saleeby Atkins, J. Michelle Childs, George N. Funderburk, as Commissioners of the South Carolina Workers' Compensation Commission, and Alicia K. Clawson, as Executive Director of the South Carolina Workers' Compensation Commission, in their official capacities, Defendants, Of whom Sherry Shealy Martschink, W. Lee Catoe, and George Funderburk are, Respondents, and The South Carolina Workers' Compensation Commission, J. Alan Bass, Lisa Denese Chavis, Holly Saleeby Atkins, J. Michelle Childs, and Alicia K. Clawson, as Executive Director of the South Carolina Workers' Compensation Commission, in their official capacities are, Appellants.

Supreme Court of South Carolina.

Decided August 21, 2006.

Rehearing Denied September 20, 2006.

Attorney(s) appearing for the Case

Keith M. Babcock and William A. McKinnon, of Lewis & Babcock, L.L.P., of Columbia, for appellants.

J. Lewis Cromer, of Cromer & Mabry, of Columbia, for respondents Morris, Snelling, and Wheat.

J. Dennis Bolt, of Bolt Law Firm, of Columbia, for respondents Martschink, Catoe, and Funderburk.

Justice MOORE:

Respondents Morris, Snelling, and Wheat (hereinafter "Court Reporters") commenced this action challenging their termination as full-time State employees with the South Carolina Workers' Compensation Commission (Commission). The trial court granted summary judgment in their favor. We reverse.

FACTS

Court Reporters' positions were eliminated on November 1, 2002, pursuant to a Reduction in Force Plan adopted by a majority of the commissioners...

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