James Thorpe v. Town of Bowman

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

James Thorpe, Employee, Claimant, Respondent,

v.

Town of Bowman, Employer, and State Accident Fund,
Carrier, Appellants.

Appellate Case No. 2017-001408

Appeal From The Workers' Compensation Commission

Unpublished Opinion No. 2018-UP-414
Submitted September 1, 2018 – Filed November 7, 2018

AFFIRMED

Clarke W. McCants, III, of Nance, McCants & Massey,
of Aiken, for Appellant.

Robert Michael Johnson, Jr., of Michael Johnson, PC &
Associates, of Fort Mill, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Fishburne v. ATI Sys. Int'l, 384 S.C. 76, 85, 681 S.E.2d 595, 599 (Ct.
App. 2009) ("The Appellate Panel's decision must be affirmed if supported by
substantial evidence in the record."); Potter v. Spartanburg Sch. Dist. 7, 395 S.C.
17, 22, 716 S.E.2d 123, 126 (Ct. App. 2011) ("In workers' compensation cases, the
Appellate Panel is the ultimate fact finder."); S.C. Code Ann. § 42-1-160(A)
(2015) (requiring compensable injuries by accident to "aris[e] out of and in the
course of employment"); Nicholson v. S.C. Dep't of Soc. Servs., 411 S.C. 381, 385,
769 S.E.2d 1, 3 (2015) ("An injury arises out of employment if it is proximately
caused by the employment."); Bright v. Orr-Lyons Mills, 285 S.C. 58, 60, 328
S.E.2d 68, 70 (1985) ("The time, place, and circumstances of the accident
determine whether the accident occurred 'in the course of employment.'"); Osteen
v. Greenville Cty. Sch. Dist., 333 S.C. 43, 49, 508 S.E.2d 21, 24 (1998) ("The two
parts of the phrase 'arising out of an in the course of employment' are not
synonymous. Both parts must exist simultaneously before any court will allow
recovery."); Howell v. Kash & Karry, 264 S.C. 298, 301, 214 S.E.2d 821, 822
(1975) ("An act outside an employee's regular duties which is undertaken in good
faith to advance the employer's interest, whether or not the employee's own
assigned work is thereby furthered, is within the course of employment." (quoting
Larson's Workmen's Compensation, § 27.00)).

AFFIRMED.1

LOCKEMY, C.J., and THOMAS and GEATHERS, JJ., concur.

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