· 4/29/2008
Posey v. Proper Mold & Engineering, Inc.
Citations
- 661 S.E.2d 395
- 378 S.C. 210
- 2008 S.C. App. LEXIS 75
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the consideration of affidavits on a question of law in a jurisdictional motion does not convert the motion into one for summary judgment
- reiterating Based on the foregoing, the order of the circuit court is REVERSED.6 WILLIAMS, C.J., and THOMAS and CURTIS, JJ., concur. the Act \provides the exclusive remedy against an employer for an employee's work-related accident or injury.\
- \The exclusivity provision of the Act precludes an employee from maintaining a tort action against an employer where the employee sustains a work-related injury.\
- \Workers' Compensation awards are authorized only if an employer-employee relationship exists at the time of the injury.\
- \The General Assembly has vested the South Carolina Workers' Compensation Commission with exclusive original jurisdiction over employees' work-related injuries.\
- \It is the policy of South Carolina courts to resolve jurisdictional doubts in favor of the inclusion of employers and employees under the Workers' Compensation Act.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Short, Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.