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BRAYBOY v. WORKFORCE

No. 26675.

383 S.C. 463 (2009)

681 S.E.2d 567

Lawrence BRAYBOY, Employee, Respondent, v. WORKFORCE, Employer and American Home Assurance, Carrier, Defendants, Of Whom WorkForce, Employer, is the Appellant.

Supreme Court of South Carolina.

Decided June 22, 2009.

Rehearing Denied August 19, 2009.

Attorney(s) appearing for the Case

Kirsten L. Barr, of Trask & Howell, of Mt. Pleasant, for Appellant.

John S. Nichols, of Bluestein & Nichols, of Columbia and Matthew Jackson, of Joye Law Firm, of North Charleston, for Respondent.

Justice KITTREDGE:

In this workers' compensation case, claimant Lawrence Brayboy made material misrepresentations on his employment application. Subsequently, Brayboy claimed workers' compensation benefits, which the Workers' Compensation Commission awarded. The circuit court upheld the award on the basis of the substantial evidence standard of review. Because the issue of Brayboy's employment status is jurisdictional, the Court makes findings based on its view of...

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