Barnes v. Charter 1 Realty

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

Judy Marie Barnes, Employee, Appellant,

v.

Charter 1 Realty, Employer, and Technology Insurance Co. Amtrust
South, Carrier, Respondents.

Appeal
From Appellate Panel

South
Carolina Workers' Compensation Commission

Unpublished
Opinion No. 2012-UP-025  

Heard
December 7, 2011 – Filed January 25, 2012

AFFIRMED

Michael
J. Jordan, David T. Pearlman, and J. Kevin Holmes, all of Goose Creek, for
Appellant.

Natalie
Byars Fisher, of Charleston, for Respondents.

PER CURIAM: Judy Barnes
appeals the decision of the Appellate Panel of the Workers' Compensation
Commission denying her benefits for falling at work.  We affirm pursuant to
Rule 220(b)(1), SCACR, and the following authorities: Crosby
v. Wal-Mart Store, Inc., 330 S.C. 489, 496, 499 S.E.2d 253, 257
(Ct. App. 1998) ("The burden is on the claimant to prove such facts as will render
the injury compensable, and such an award must not be based on surmise,
conjecture or speculation."); Pierre v. Seaside Farms, Inc., 386
S.C. 534, 541, 689 S.E.2d 615, 618 (2010) (stating for an injury to be
compensable, it must arise out of and in the course of employment); id. (providing "'[a]rising out of' refers to the origin and cause of the
accident" and "an accident arises out of the employment when the
accident happens because of the employment"); Crosby, 330 S.C. at 496,
499 S.E.2d at 257 (affirming the denial of benefits when substantial evidence
supported the Commission's finding claimant "failed to show a causal
connection between her fall and her employment").

AFFIRMED.

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