James v. Columbia Staffing

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Robert James, Appellant,

v.

Columbia Staffing and Liberty Mutual Insurance
Company, Respondent.

Appeal From Spartanburg County

 Roger L. Couch, Circuit Court Judge

Unpublished Opinion No.   2009-UP-068

Submitted February 2, 2009 – Filed
February 9, 2009

AFFIRMED

Stephen B. Samuels, of Columbia, for Appellant.

Jeffrey S. Jones, of Greenville, for Respondent.

PER CURIAM: 
Robert James appeals an order of the circuit court affirming an order of the
Workers' Compensation Commission Appellate Panel denying his claim.  James
argues the circuit court erred in affirming the Appellate Panel's findings he
was not credible and did not meet his burden of proof.  We affirm pursuant to Rule 220(b), SCACR,
and the following authorities:  Clade
v. Champion Lab., 330 S.C. 8, 11, 496
S.E.2d 856, 857 (1998) ("The claimant has the burden of proving facts that
will bring the injury within the workers' compensation law, and such award must
not be based on surmise, conjecture, or speculation."); Jones v. Harold
Arnold's Sentry Buick, Pontiac, 376 S.C. 375, 378, 656 S.E.2d 772, 774 (Ct. App. 2008) (holding substantial evidence is the standard of review applied to workers'
compensation claims, and the ability to draw inconsistent conclusions from the
evidence does not prevent an appellate court from finding the Appellate Panel's
determinations are supported by substantial evidence); Foggie v. Gen. Elec.
Co., 376 S.C. 384, 390, 656 S.E.2d 395, 398 (Ct. App. 2008) ("For in
workers' compensation cases, the Appellate Panel is the ultimate finder of
fact, and the final determination of witness credibility and the weight to be
accorded evidence is reserved to the Appellate Panel."); Jennings v.
Chambers Dev. Co., 335 S.C. 249, 254, 516 S.E.2d 453, 456 (Ct. App. 1999) ("For
an injury to be compensable, it must be by accident arising out of and in the
course of employment.").

AFFIRMED.[1]

SHORT, THOMAS, and GEATHERS, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.