Legal Opinion · Dissent

Aughtry v. Abbeville County School District 60

Court of Appeals of South Carolina

Decided August 13, 1998No. 2835Published

1DissentAnderson, Judge

I respectfully dissent. The majority reverses the award of Workers’ Compensation benefits to Aughtry for his injuries. In doing so, the majority opinion misconstrues the “going and coming rule.” I would affirm.

STANDARD OF REVIEW

The Full Commission is the ultimate fact finder in Workers’ Compensation cases and is not bound by the Single Commissioner’s findings of fact. Ross v. American Red Cross, 298 S.C. 490, 381 S.E.2d 728 (1989). See also Hoxit v. Michelin *464Tire Corp., 304 S.C. 461, 405 S.E.2d 407 (1991) (Full Commission is fact finder and it is not within this Court’s province to reverse…

2Cases cited20 opinions

  1. Stokes v. First National BankSupreme Court of South Carolina · 1991
  2. Eargle v. South Carolina Electric & Gas Co.Supreme Court of South Carolina · 1944
  3. Rodney v. Michelin Tire Corp.Supreme Court of South Carolina · 1996
  4. Howell v. Pacific Columbia MillsSupreme Court of South Carolina · 1987
  5. Beam v. State Workmen's Compensation FundSupreme Court of South Carolina · 1973

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