Lewis v. L.B. Dynasty, Inc.
Court of Appeals of South Carolina
1DissentShort, J.
The majority finds the Appellate Panel of the South Carolina Workers’ Compensation Commission (Appellate Panel) was correct in finding Lewis was an independent contractor of the Boom Boom Room Studio 54 (the Club) in Columbia. However, I would find that Lewis was an employee of the Club; therefore, I respectfully dissent.4
“The existence of an employment relationship is a jurisdictional issue for purposes of workers’ compensation benefits *138and is reviewable under a preponderance of the evidence standard.” Shatto v. McLeod Reg’l Med. Ctr., 394 S.C. 552, 557, 716 S.E.2d 446, 449 (Ct.App.2011).…
2Cases cited9 opinions
- Wilkinson v. Palmetto State Transportation Co.Supreme Court of South Carolina · 2009
- Kilgore Group, Inc. v. South Carolina Employment Security CommissionSupreme Court of South Carolina · 1993
- Bates v. LegetteSupreme Court of South Carolina · 1961
- Turner v. Santee Cement Carriers, Inc.Supreme Court of South Carolina · 1981
- Brayboy v. WorkforceSupreme Court of South Carolina · 2009
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