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HARDEE v. McDOWELL

No. 26605.

381 S.C. 445 (2009)

673 S.E.2d 813

Anthony HARDEE, Employee/Claimant, v. Harry D. McDOWELL, as Personal Representative of the Estate of W.D. McDowell, Uninsured Employer, and S.E. Smith Construction Co., Inc., Alleged Statutory Employer, and Companion Property and Casualty Insurance Company, Carrier/Defendant/Appellants, with the South Carolina Uninsured Employers' Fund, Appearing/Respondents, of whom Harry D. McDowell, as Personal Representative of the Estate of W.D. McDowell is Respondent, and S.E. Smith Construction Co., Inc. and Companion Property and Casualty Insurance Co., are Petitioners, and the South Carolina Uninsured Employers' Fund is Respondent.

Supreme Court of South Carolina.

Decided February 23, 2009.

Attorney(s) appearing for the Case

Weston Adams, III, Brian G. O'Keefe, Jillian M. Benson, and Ashley B. Stratton, all of McAngus Goudelock & Courie, of Columbia, for Petitioners.

Latonya Dilligard Edwards, of Columbia; Harry D. McDowell, pro se, of Loris; and Terri Morrill Lynch, Matthew J. Story, and Margaret M. Urbanic, all of Clawson & Staubes, of Charleston, for Respondents.

Justice BEATTY.

We granted certiorari to review the decision in Hardee v. McDowell, 372 S.C. 413, 642 S.E.2d 632 (Ct.App.2007). In Hardee, the South Carolina Court of Appeals upheld the finding of the South Carolina Workers' Compensation Commission that a general contractor and its insurer, Smith Construction Co. and Companion Property & Casualty Insurance Co., could not transfer...

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