Kirksey v. Assurance Tire Co.

Goolsby, Judge:

Assurance Tire Company and the South Carolina Insolvency Fund appeal the decision of the South Carolina Workers’ Compensation Commission awarding Moses Kirksey benefits for an on-the-job accident. The circuit court affirmed. Assurance Tire Company and the Insolvency Fund argue Assurance Tire Company did not regularly employ four employees at the time of Kirksey’s accident and, therefore, the commission did not have subject matter jurisdiction to award Kirksey benefits. We reverse.

Because the issue here is jurisdictional, the commission’s findings of fact relative to the number…