From Lexology, Cheryl D. Shoun discusses a decision by the South Carolina Supreme Court said that a non-signagtory could enforce an arbitration agreement only if it received a direct benefit of the contract. Cheryl writes: State and federal courts have issued myriad opinions emphasizing the importance of and favor for arbitration. The Federal Arbitration Act…
From JDSupra, Pierce (Perry) MacLennan discusses a recent case in South Carolina in which an HVAC worker was found to be an employee and entitled to workers compensation benefits. Perry writes: In Sellers v. Tech Service, Inc. et. al., the classification issue arose because an employee for an HVAC company sought workers compensation benefits after being injured…
From the Post and Courier, Thad Moore reports that Uber will be offering drivers in South Carolina a personal injury insurance policy to act as sort of workers compensation. Thad writes: Uber will use South Carolina as a testing ground in a new effort to shape worker protections in the so-called gig economy, offering…
Findlaw reports a South Carolina Court of Appeals case in which the court determined that the worker (Fergurson) was not an employee and eligible for workers compensation benefits. The court reviewed whether the person who engaged with the worker exercised enough control for the worker to be an employee instead of an independent contractor and concluded…
From Business Insurance, Stephanie Goldberg reports that an exotic dancer who was shot by a stray bullet after a fight broke out in the establishment was found to be an employee and eligible for workers compensation benefits by the South Carolina Supreme Court. Stephanie reports that the dancer suffered serious injuries and filed a claim for…
From WCI360 – Workers’ Compensation Institute — “The Single Commissioner and Full Commission found Lewis was not an employee. The Court of Appeals analyzed the case under the four Common Law factors. In terms of the right to control, Lewis conceded that the clubs did not tell her how to dance and thus the clubs did not…