Turney v. Celadon Trucking Services of Indiana

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Ronnie L.
Turney, Employee, Appellant,

v.

Celadon
Trucking Services of Indiana, Employer, and S.C. Uninsured Employers' Fund, Respondents.

Appeal From
The Workers' Compensation Commission

Appellate Panel

Unpublished Opinion No. 2012-UP-029

Heard January 10, 2012 – Filed January 25,
2012   

AFFIRMED

David Vance Benson, of Rock Hill, for
Appellant.

Michael E. Chase and Carmelo B. Sammataro,
both of Columbia, for Respondent Celadon Trucking Services of Indiana.

Timothy B. Killen, of Columbia, for Respondent S.C. Uninsured
Employers' Fund.

PER CURIAM:  Ronnie Turney appeals a decision by the
appellate panel of the workers' compensation commission to deny his benefits
claim due to lack of subject matter jurisdiction.  Having carefully reviewed
the record on appeal, we make findings of fact consistent with those of the
appellate panel.  We therefore conclude Turney has not met his burden of proof
on appeal.  See Hernandez-Zuniga
v. Tickle, 374 S.C. 235, 244, 647
S.E.2d 691, 696 (Ct. App. 2007) (stating that on appeal of a decision by the
commission that it lacked jurisdiction, “[t]he appellant bears the burden of
showing that [the decision below] is against the preponderance of the evidence").

AFFIRMED.

FEW, C.J., and
THOMAS and KONDUROS, JJ., concur.