Legal Opinion · Concurrence

Martinez v. SPARTANBURG COUNTY

Court of Appeals of South Carolina

Decided June 15, 2011No. 4839Published

1ConcurrenceFew, C.J.

I concur in the portion of the majority opinion addressing the sufficiency of the commission’s order. I also agree with the majority that the circuit court erred in reversing the commission. I write separately to address what I believe is the basis of the circuit court’s ruling that Investigator Martinez’ employment conditions were extraordinary and unusual. The circuit court did not rule on the basis of a lack of substantial evidence supporting the commission’s factual finding. Rather, the circuit court reversed the commission on a question of law, finding the commission “failed to conduct…

2Cases cited4 opinions

  1. Shealy v. Aiken CountySupreme Court of South Carolina · 2000
  2. Powell v. Vulcan Materials Co.Supreme Court of South Carolina · 1989
  3. Forrest v. A.S. Price MechanicalCourt of Appeals of South Carolina · 2007
  4. Doe v. South Carolina Department of Disabilities & Special NeedsSupreme Court of South Carolina · 2008

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