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PILGRIM v. EATON

No. 4767.

391 S.C. 38 (2010)

703 S.E.2d 241

Danny R. PILGRIM, Respondent, v. Billy EATON and Rufus Revis, and S.C. Workers Compensation Uninsured Employers' Fund, Defendants, of whom Billy Eaton and Rufus Revis are Appellants, and S.C. Workers Compensation Uninsured Employers' Fund is also Respondent.

Court of Appeals of South Carolina.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Thomas Bailey Smith , of Mt. Pleasant, for Appellants.

Amy V. Cofield , of Lexington; Ernest Caskey Trammell , of Anderson, for Respondents.

FEW, C.J.

This appeal presents two questions related to workers' compensation. The first is the factual question of whether Rufus Revis is the statutory employer of the claimant, Danny Pilgrim. The answer to this question determines the jurisdiction of the workers' compensation commission. The second is whether the commission committed an error of law in its method of calculating Pilgrim's average weekly wage. We affirm the commission on the first question, but reverse...

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