FORTNER v. THOMAS M. EVANS CONST.

No. 5073.

402 S.C. 421 (2013)

741 S.E.2d 538

Benjamin FORTNER, Claimant, v. THOMAS M. EVANS CONSTRUCTION AND DEVELOPMENT, LLC, Employer, and Thomas Evans Custom Building and Renovations, Inc., Employer, and South Carolina Workers' Compensation Uninsured Employers' Fund, and SUA Insurance Company, Inc., Carrier, Defendants, Of Whom Benjamin Fortner and Thomas M. Evans Construction and Development, LLC, and Thomas Evans Custom Building and Renovations, Inc., Employers, and South Carolina Workers' Compensation Uninsured Employers' Fund are the Respondents, and SUA Insurance Company is the Appellant.

Court of Appeals of South Carolina.

Decided January 16, 2013.


Attorney(s) appearing for the Case

Edwin P. Martin, Jr. , of Hedrick Gardner Kencheloe & Garofalo LLP, of Columbia, for Appellant SUA Insurance Company.

John S. Rodenberg , of Rodenberg Callihan Davis Lohr & Syracuse, LLC, of North Charleston, for Respondent Benjamin Fortner, III; R. Mark Davis and Andrew Luadzers , both of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondent Thomas M. Evans Construction & Development LLC; F. Reid Warder, Jr. and Kathryn R. Fiehrer , both of Wood & Warder, LLC, of Charleston, for Respondent Thomas Evans Custom Building & Renovations; and Timothy Blair Killen , of the South Carolina Second Injury Fund, of Columbia, for Respondent South Carolina Workers' Compensation Uninsured Employers' Fund.


LOCKEMY, J.

This action arose from injuries Benjamin Fortner, III, sustained while pressure washing a residential home on the Isle of Palms, South Carolina (Serenbetz property) on April 19, 2010. In this appeal from the Appellate Panel of the Workers' Compensation Commission (Appellate Panel), SUA Insurance Company (SUA) contends the Appellate Panel erred in finding Fortner was a statutory employee of Thomas M. Evans Construction...

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