Hardee v. McDowell

We granted certiorari to review the decision in Hardee v. McDowell, 372 S.C. 413, 642 S.E.2d 632 (Ct.App.2007). In Hardee, the South Carolina Court of Appeals upheld the finding of the South Carolina Workers’ Compensation Commission that a general contractor and its insurer, Smith Construction Co. and Companion Property & Casualty Insurance Co., could not transfer liability for a worker’s injury to the South Carolina Uninsured Employers’ Fund under section 42-1-415 of the South Carolina Code. 1 The Court of Appeals determined Smith Construction did not obtain proof of insurance from its…