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SMITH v. BARNWELL COUNTY

No. 26716.

384 S.C. 520 (2009)

682 S.E.2d 828

James A. SMITH, Respondent, v. BARNWELL COUNTY, Employer, and South Carolina Association of Counties Self Insurance Fund, Carrier, Appellants.

Supreme Court of South Carolina.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Richard Kale, Jr., of Wilson, Jones, Carter & Baxley, of Greenville, for Appellants.

Andrew Nathan Safran, of Columbia, for Respondent.

Grady L. Beard and Daniel W. Hayes, both of Sowell, Gray, Stepp & Laffitte, of Columbia, for Amicus Curiae.

Justice PLEICONES.

This case presents the question whether an inmate injured while serving time on weekends may include his full time employment wages in addition to prison pay in determining his average weekly wage, for purposes of workers' compensation. Because we find that the legislature intended to deny inmates the right to combine wages, we find that Respondent may not do so. We therefore reverse the circuit court's decision to the contrary.

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