Transportation Insurance v. South Carolina Second Injury Fund

Sanders, Chief Judge:

Respondent Transportation Insurance Company sought reimbursement from appellant South Carolina Second Injury Fund for Workers’ Compensation benefits which Transportation had paid to an employee of its insured for a permanent physical impairment. The South Carolina Workers’ Compensation Commission ordered the reimbursement. The Fund appealed the order of the Commission. The Circuit Court affirmed, likewise ordering the reimbursement. The Fund appealed the order of the Circuit Court. We reverse.

It is undisputed that the right of Transportation to be reimbursed from the Fund…