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FELDER v. CENT. MASONRY INC.

Opinion No. 5852.

435 S.C. 1 (2021)

864 S.E.2d 906

Calvin FELDER, Claimant, v. CENTRAL MASONRY INC. & Arnold Construction Co., Employer, and AmGuard Insurance Co./Old Republic Insurance Co., and South Carolina Uninsured Employers Fund, Carriers, Defendants, Of which AmGuard Insurance Co. is the Appellant and Central Masonry Inc. and South Carolina Uninsured Employers Fund are the Respondents.

Court of Appeals of South Carolina.

Filed September 1, 2021.

Rehearing Denied September 28, 2021.

Attorney(s) appearing for the Case

George D. Gallagher , of Speed, Seta, Martin, Trivett & Stubley, LLC, of Columbia, for Appellant.

Jonathan R. Hendrix , of Hendrix & Steigner, of West Columbia, for Respondent Central Masonry.

Lisa C. Glover , of the South Carolina State Accident Fund, for Respondent South Carolina Uninsured Employers Fund.

This case is about who has to pay a workers' compensation claim: AmGuard Insurance Co. or the South Carolina Uninsured Employers Fund. The Workers' Compensation Commission held AmGuard was liable because a phone conversation involving AmGuard misled the injured worker's employer into believing AmGuard would add South Carolina coverage...

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