Hopper v. Terry Hunt Construction

The South Carolina Uninsured Employers’ Fund (the Fund) appeals the circuit court’s reversal of the Appellate Panel of the Workers’ Compensation Commission (the Commission). The circuit court found Kajima USA, Inc. (Kajima) and its workers’ compensation carrier, Zurich American Insurance Company (Zurich), were entitled to transfer liability to the Fund pursuant to Section 42-1-415 of the South Carolina Code (Supp.2006). The Fund argues the circuit court erred by: (1) concluding Kajima satisfied the requirements of section 42-1M15 to transfer liability; (2) concluding no substantial evidence…