Grant v. Grant Textiles, No. 3861.

CourtCourt of Appeals of South Carolina
Writing for the CourtSTILWELL, J.
Citation361 S.C. 188,603 S.E.2d 858
PartiesCharles Christopher GRANT, Claimant, Respondent, v. GRANT TEXTILES, Employer, and U.S. Fire Insurance Company, Carrier, Appellants.
Decision Date07 September 2004
Docket NumberNo. 3861.

361 S.C. 188
603 S.E.2d 858

Charles Christopher GRANT, Claimant, Respondent,
v.
GRANT TEXTILES, Employer, and U.S. Fire Insurance Company, Carrier, Appellants

No. 3861.

Court of Appeals of South Carolina.

Heard June 8, 2004.

Decided September 7, 2004.

Rehearing Denied October 21, 2004.


361 S.C. 190
Steven L. Brown and Robert P. Gruber, both of Charleston, for Appellants

Richard H. Rhodes and Ray E. Thompson, Jr., both of Spartanburg, for Respondent.

STILWELL, J.

Grant Textiles and its insurer, U.S. Fire Insurance Company, appeal the circuit court's order reversing the decision of the full commission and finding Charles Grant's injuries compensable under the South Carolina Workers' Compensation Act. We reverse and reinstate the full commission's decision.

FACTS

Grant is the Vice-President of Grant Textiles, where he is responsible for selling textile machinery parts. On the day of the accident, Grant drove to the Clinton House and Meeting Plantation, a private hunting preserve and meeting center owned individually by him, to deliver bobbin samples to customers of Grant Textiles who were staying there. Grant Textiles has a corporate membership at the Clinton House and, although its customers are occasionally guests of the Clinton House, the company has no ownership interest in the facility.

As he approached the entrance gate to the Clinton House, Grant and another motorist abruptly swerved to miss an object in the roadway. Grant testified he was concerned the object created a safety hazard to guests traveling to and from the Clinton House. On his arrival, Grant alerted the manager

361 S.C. 191
of the Clinton House to the obstacle, and both men walked back down the highway to attempt to remove it. As Grant walked along the shoulder of the road, a pickup truck swerved off the road while attempting to pass a car, and struck Grant from behind. As a result, he suffered bruising to the right side of his body and severe injury to his right arm

The single commissioner found Grant's injuries arose out of his employment with Grant Textiles and awarded compensation for his claim. The full commission reversed, finding Grant's accident had no causal connection with his employment. The full commission also found Grant's ordinary job duties did not require him to remove debris from the roads and his job duties and responsibilities were in no way related to road maintenance. The circuit court reversed the full commission, concluding the injuries were compensable.

STANDARD OF REVIEW

A reviewing court will not overturn a decision by the Workers' Compensation Commission unless the determination is unsupported by substantial evidence or is affected by an error of law. Dukes v. Rural Metro Corp., 356 S.C. 107, 109, 587 S.E.2d 687, 688 (2003). "Substantial evidence is evidence which, considering the record as a whole, would allow reasonable minds to reach the conclusion that the administrative agency reached to justify its action." Howell v. Pacific Columbia Mills, 291 S.C. 469, 471, 354 S.E.2d 384, 385 (1987). The question of whether an accident arises out of and in the course and scope of employment is largely a question of fact for the full commission. Grice v. National Cash Register Co., 250 S.C. 1, 3, 156 S.E.2d 321, 322 (1967). However, where the facts are undisputed, the question of whether an accident is compensable is a question of law. Gibson v. Spartanburg Sch. Dist. No. 3, 338 S.C. 510, 517, 526 S.E.2d 725, 729 (Ct.App.2000).

DISCUSSION

Grant may recover workers' compensation benefits only if he sustained an "injury by accident arising out of and in the course of the employment." S.C.Code Ann. § 42-1-160 (Supp.2003). An injury arises out of one's employment "when

361 S.C. 192
there is a causal connection between the conditions under which the work is required to be performed and the resulting injury." Broughton v. S. of the Border, 336 S.C. 488, 497, 520 S.E.2d 634, 638 (Ct.App.1999). Although the injury need not be expected or even foreseeable, it must appear to have originated in an employment-related risk and be a rational consequence of that risk. Carter v. Penney Tire & Recapping Co., 261 S.C. 341, 345, 200 S.E.2d 64, 65 (1973) (citations omitted)

Grant was a senior executive at his family-owned textile supply company where he was principally involved with sales. In fact, according to his own testimony he would have engaged in sales activity with his customers at Clinton House on the day of the accident had he not returned to the highway to remove the obstacle in the road. He admitted his job duties and responsibilities with Grant Textiles did not include removing debris from the public highway.

As the sole finder of fact, the full commission found that Grant's injuries did not arise out of his employment with Grant Textiles because the cause of the accident had no relation to his employment duties. "The...

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8 practice notes
  • Hall v. United Rentals, Inc., No. 4166.
    • United States
    • Court of Appeals of South Carolina
    • 23 Octubre 2006
    ...80, 610 S.E.2d 488 (2005); Gibson v. Spartanburg Sch. Dist. # 3, 338 S.C. 510, 526 S.E.2d 725 (Ct.App.2000); see Grant v. Grant Textiles, 361 S.C. 188, 191, 603 S.E.2d 858, 859 (Ct.App.2004) ("A reviewing court will not overturn a decision by the Workers' Compensation Commission unless the ......
  • Bass v. Isochem, No. 3996.
    • United States
    • United States State Supreme Court of South Carolina
    • 6 Junio 2005
    ...Sch. Dist. # 3, 338 S.C. 510, 526 S.E.2d 725 (Ct.App.2000); S.C.Code Ann. § 1-23-380(A)(6) (2005); see also Grant v. Grant Textiles, 361 S.C. 188, 191, 603 S.E.2d 858, 859 (Ct.App.2004) ("A reviewing court will not overturn a decision by the Workers' Compensation Commission unless the deter......
  • Liberty Mut. Ins. v. Sc Second Injury Fund, No. 3949.
    • United States
    • United States State Supreme Court of South Carolina
    • 22 Febrero 2005
    ...the commission's decision is unsupported by substantial evidence or is controlled by some error of law. See Grant v. Grant Textiles, 361 S.C. 188, 603 S.E.2d 858 (Ct.App.2004); Gibson, 338 S.C. at 517, 526 S.E.2d at 728-29; see also Dukes v. Rural Metro Corp., 356 S.C. 107, 109, 587 S.E.2d ......
  • Bass v. Kenco Group, No. 4046.
    • United States
    • United States State Supreme Court of South Carolina
    • 21 Noviembre 2005
    ...Sch. Dist. # 3, 338 S.C. 510, 526 S.E.2d 725 (Ct.App.2000); S.C.Code Ann. § 1-23-380(A)(6) (2005); see also Grant v. Grant Textiles, 361 S.C. 188, 191, 603 S.E.2d 858, 859 (Ct.App.2004) ("A reviewing court will not overturn a decision by the workers' compensation commission unless the deter......
  • Request a trial to view additional results
8 cases
  • Hall v. United Rentals, Inc., No. 4166.
    • United States
    • Court of Appeals of South Carolina
    • 23 Octubre 2006
    ...80, 610 S.E.2d 488 (2005); Gibson v. Spartanburg Sch. Dist. # 3, 338 S.C. 510, 526 S.E.2d 725 (Ct.App.2000); see Grant v. Grant Textiles, 361 S.C. 188, 191, 603 S.E.2d 858, 859 (Ct.App.2004) ("A reviewing court will not overturn a decision by the Workers' Compensation Commission unless the ......
  • Bass v. Isochem, No. 3996.
    • United States
    • United States State Supreme Court of South Carolina
    • 6 Junio 2005
    ...Sch. Dist. # 3, 338 S.C. 510, 526 S.E.2d 725 (Ct.App.2000); S.C.Code Ann. § 1-23-380(A)(6) (2005); see also Grant v. Grant Textiles, 361 S.C. 188, 191, 603 S.E.2d 858, 859 (Ct.App.2004) ("A reviewing court will not overturn a decision by the Workers' Compensation Commission unless the deter......
  • Liberty Mut. Ins. v. Sc Second Injury Fund, No. 3949.
    • United States
    • United States State Supreme Court of South Carolina
    • 22 Febrero 2005
    ...the commission's decision is unsupported by substantial evidence or is controlled by some error of law. See Grant v. Grant Textiles, 361 S.C. 188, 603 S.E.2d 858 (Ct.App.2004); Gibson, 338 S.C. at 517, 526 S.E.2d at 728-29; see also Dukes v. Rural Metro Corp., 356 S.C. 107, 109, 587 S.E.2d ......
  • Bass v. Kenco Group, No. 4046.
    • United States
    • United States State Supreme Court of South Carolina
    • 21 Noviembre 2005
    ...Sch. Dist. # 3, 338 S.C. 510, 526 S.E.2d 725 (Ct.App.2000); S.C.Code Ann. § 1-23-380(A)(6) (2005); see also Grant v. Grant Textiles, 361 S.C. 188, 191, 603 S.E.2d 858, 859 (Ct.App.2004) ("A reviewing court will not overturn a decision by the workers' compensation commission unless the deter......
  • Request a trial to view additional results

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