Lester v. South Carolina Workers' Compensation Commission

BURNETT, Justice:

We granted a writ of certiorari to review the decision of Lester v. South Carolina Workers’ Compensation Commission, 328 S.C. 535, 493 S.E.2d 103 (Ct.App.1997). We affirm in part and reverse in part.

FACTS

Petitioner Ric Lester d/b/a Fair Play Video (Lester) opened a video casino in November 1992. He had no payroll in 1992. In January 1993, Lester began hiring a series of temporary and “rollover” employees. In May 1993, an employee was shot during a robbery of the video casino. In May 1994, Lester acquired workers’ compensation insurance coverage for his employees.

Lester was…