Labouseur v. Harleysville Mutual Insurance

Goolsby, Judge:

The dispositive issue presented by this appeal is whether the South Carolina Workers’ Compensation Commission has exclusive jurisdiction over the subject matter of an action that is brought by an employer against a workers’ compensation insurance carrier and the carrier’s agent for an alleged cancellation of a workers’ compensation insurance policy. The employer, John Labouseur, who operates a restaurant business known as Turpins, brought this action against Harleysville Mutual Insurance Company and its agent, R. V. Chandler and Sons, Inc. Both Harleysville Mutual and Chandler…