Legal Opinion

Tharpe v. G. E. Moore Co.

Supreme Court of South Carolina

Decided May 12, 1970No. 19052PublishedCited by 31 opinions

1Opinion of the Court

Brailsford, Justice.

In this workmen’s compensation case, the sole issue is whether W. L. Tharpe, the clamant’s intestate, was an employee of G. E. Moore Company, Inc., when he sustained a fatal, work-connected injury on October 7, 1966, or whether, instead, he was an independent contractor. The South Carolina Industrial Commission, affirming the hearing commissioner by three to two decision, concluded that Tharpe was an employee. The circuit court reversed. The issue is jurisdictional, and the conclusion of the Commission is subject to judicial review even though supported by evidence. Marlow…

2Cases cited4 opinions

  1. Commercial Credit Corp. v. Nelson Motors, Inc.Supreme Court of South Carolina · 1966
  2. Bates v. LegetteSupreme Court of South Carolina · 1961
  3. Marlow v. E. L. Jones & Son, Inc.Supreme Court of South Carolina · 1966
  4. South Carolina Industrial Commission v. Progressive Life InsuranceSupreme Court of South Carolina · 1963

3Cited by31 opinions

  1. Adams v. GJ Creel and Sons, Inc.Supreme Court of South Carolina · 1995
  2. Chavis v. WatkinsSupreme Court of South Carolina · 1971
  3. McLeod v. Piggly Wiggly Carolina Co.Court of Appeals of South Carolina · 1984
  4. Butler Contracting, Inc. v. Court Street, LLCSupreme Court of South Carolina · 2006
  5. Wilkinson v. Palmetto State Transportation Co.Supreme Court of South Carolina · 2009

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