South Carolina Workers' Compensation Commission v. Ray Covington Realtors, Inc.

Finney, Justice:

This is a workers’ compensation appeal. Respondent Chewning was a real estate salesman with appellant Ray Covington Realtors when he was seriously injured in a car accident. The two issues before the Court are whether Chewning was appellant’s employee or an independent contractor, and whether the accident occurred within the scope of Chewning’s employment. The single commissioner, full commission, and circuit court all found for Chewning on both issues. We hold that Chewning was an independent contractor and reverse.

The novel issue presented by this case is whether a real…