Gantt v. Thomasson Mgmt. Corp., Employer

• Decision Date: 20 June 2012
• Docket Number: Appellate Case No. 2011-191586,Unpublished Opinion No. 2012-UP-384
• Parties: James Garris Gantt (Deceased Employee), Frieda Gantt, Kegan P., Logan P., Kara Gantt-Myers, Janine Felts, and Keane Allen, Claimants, Of Whom James Garris Gantt (Deceased Employee), Frieda Gantt, Kegan P., and Logan P., are, Respondents, and, Of Whom Kara Gantt-Myers, Janine Felts, and Keane Allen are Appellants, v. Thomasson Management Corporation, Employer, and Travelers Indemnity Company, Carrier, Respondents.
• Court: South Carolina Court of Appeals

James Garris Gantt (Deceased Employee), Frieda Gantt,

Kegan P., Logan P., Kara Gantt-Myers, Janine Felts, and Keane Allen, Claimants, Of Whom James Garris Gantt (Deceased Employee), Frieda Gantt, Kegan P., and Logan P., are, Respondents, and, Of Whom Kara Gantt-Myers, Janine Felts, and Keane Allen are Appellants, v. Thomasson Management Corporation, Employer, and Travelers Indemnity Company, Carrier, Respondents.

Appellate Case No. 2011-191586

Unpublished Opinion No. 2012-UP-384

STATE OF SOUTH CAROLINA In The Court of Appeals

Heard June 6, 2012

Filed June 20, 2012

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE

CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING

EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Appeal From the Appellate Panel

South Carolina Workers' Compensation Commission

AFFIRMED

Page 2

Gretchen Aynsley Rogers, of Mickle & Bass, LLC, of Columbia, for Appellants.

David Vance Benson and Andrew W. Creech, both of Elrod Pope Law Firm, of Rock Hill, for Respondents.

PER CURIAM: Appellants argue Frieda Gantt is not entitled to receive workers' compensation benefits from the death of James Gantt. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Ardis v. Combined Ins. Co., 380 S.C. 313, 320, 669 S.E.2d 628, 632 (Ct. App. 2008) ("Our review is limited to deciding whether the Commission's decision is unsupported by substantial evidence or is controlled by some error of law." (citation omitted)); S.C. Code Ann. § 42-9-290 (Supp. 2011) (providing when death results proximately from and within two years of a compensable work accident, the employer shall pay benefits "to the dependents of the employee wholly dependent upon his earnings for support at the time of the accident"); Adams v. Texfi Indus., 320 S.C. 213, 216, 464 S.E.2d 109, 111 (1995) ("One may be deemed wholly dependent either through a conclusive statutory presumption under section 42-9-110 or through a factual demonstration under section 42-9-120."); S.C. Code Ann. § 42-9-110 (1985) ("A surviving spouse or a child shall be conclusively presumed to be wholly dependent for support on a deceased employee."); S.C. Code Ann. § 42-1-175 (1985) ("The term 'surviving spouse' includes only the decedent's wife or husband living with or dependent for support upon the decedent at the time of the decedent's death . . . ."); Jervey v. Martint Envtl., Inc., 396 S.C. 442, 449, 721 S.E.2d 469, 472 (Ct. App. 2012) ("'When a statute's terms are clear and unambiguous on their face,...