United Technologies v. South Carolina Second Injury Fund

Toal Justice:

Pacific Employers Insurance Company appeals the order of the Circuit Court affirming the Workers’ Compensation Commission’s ruling that its claim for reimbursement from the Second injury Fund is barred under S.C. Code Ann. § 42-9-400(f) (1985). We affirm.

FACTS

This action arose out of a claim by Pacific Employers Insurance Company. (“Pacific”) for reimbursement against the South Carolina Second Injury Fund for benefits paid on behalf of Michael Kelly, an employee of Pacific’s insured United Technologies.

*215United hired Kelly in Columbia, South Carolina to perform work in Michigan. In…