Osteen v. Greenville County School District

TOAL, Justice:

I respectfully dissent from the majority’s determination that Osteen’s injury is not compensable under the South Carolina Workers’ Compensation Law. I would hold that Osteen’s injury was by accident arising out of and in the course of her employment and therefore compensable. Thus, I would affirm the Court of Appeals.

In my view, there are two basic problems with the majority’s analysis. First, I believe .the majority, in effect, incorrectly characterizes the personal comfort doctrine and certain other acts outside an employee’s regular duties as exceptions to the “arising out…