Legal Opinion

Smith v. Barnwell County

Supreme Court of South Carolina

Decided September 8, 2009No. 26716Published

1Opinion of the CourtJustice Pleicones

This case presents the question whether an inmate injured while serving time on weekends may include his full time employment wages in addition to prison pay in determining his average weekly wage, for purposes of workers’ compensation. Because we find that the legislature intended to deny inmates the right to combine wages, we find that Respondent may not do so. We therefore reverse the circuit court’s decision to the contrary.

FACTS

After a conviction for driving under the influence, Appellant James A. Smith served time on weekends at the Barnwell County Detention Center, where he was…

2Cases cited6 opinions

  1. In Re the Care & Treatment of MatthewsSupreme Court of South Carolina · 2001
  2. Denene, Inc. v. City of CharlestonSupreme Court of South Carolina · 2002
  3. State v. ScottSupreme Court of South Carolina · 2002
  4. Foreman v. Jackson Minit Markets, Inc.Supreme Court of South Carolina · 1975
  5. Boles v. Una Water DistrictSupreme Court of South Carolina · 1987

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