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KEENE v. CNA HOLDINGS, LLC

Opinion No. 28052.

436 S.C. 1 (2021)

870 S.E.2d 156

Angela D. KEENE, Individually and as Personal Representative of the Estate of Dennis Seay, Deceased, and Linda Seay, Respondents, v. CNA HOLDINGS, LLC, Petitioner.

Supreme Court of South Carolina.

Filed August 11, 2021.

Rehearing Denied April 5, 2022.

Attorney(s) appearing for the Case

Richard C. Godfrey , Kirkland & Ellis LLP, of Chicago, IL; C. Mitchell Brown , Allen Mattison Bogan , and Blake Terence Williams , Nelson Mullins Riley & Scarborough, LLP, of Columbia, all for Petitioner.

Bert Glenn Utsey III , Clawson Fargnoli & Utsey, LLC, of Charleston; Theile Branham McVey and John D. Kassel , Kassel McVey, of Columbia; Kevin W. Paul , Dean Omar Branham Shirley, LLP, of Dallas, TX; Chris Panatier , Simon Greenstone Panatier, PC, of Dallas, TX, all for Respondents.

For eighty-two years, this Court struggled to correctly apply sections 42-1-400 and -410 of The South Carolina Workers' Compensation Law, which are collectively referred to as the "statutory employee doctrine." The resulting body of jurisprudence is confusing, often conflicting, and always difficult for the workers' compensation commission...

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