Barnes v. Charter 1 Realty

• Court: Court of Appeals of South Carolina
• Decided: January 25, 2012
• Docket: 2012-UP-025
• Status: Unpublished

Opinion

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Judy Marie Barnes, Employee, Appellant,

v.

Charter 1 Realty, Employer, and Technology Insurance Co. Amtrust South, Carrier, Respondents.

---

Appeal From Appellate Panel
South Carolina Workers' Compensation Commission

---

Unpublished Opinion No. 2012-UP-025  
Heard December 7, 2011 – Filed January 25, 2012

---

AFFIRMED

---

Michael J. Jordan, David T. Pearlman, and J. Kevin Holmes, all of Goose Creek, for Appellant.

Natalie Byars Fisher, of Charleston, for Respondents.

PER CURIAM: Judy Barnes appeals the decision of the Appellate Panel of the Workers' Compensation Commission denying her benefits for falling at work.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Crosby v. Wal-Mart Store, Inc., 330 S.C. 489, 496, 499 S.E.2d 253, 257 (Ct. App. 1998) ("The burden is on the claimant to prove such facts as will render the injury compensable, and such an award must not be based on surmise, conjecture or speculation."); Pierre v. Seaside Farms, Inc., 386 S.C. 534, 541, 689 S.E.2d 615, 618 (2010) (stating for an injury to be compensable, it must arise out of and in the course of employment); id. (providing "'[a]rising out of' refers to the origin and cause of the accident" and "an accident arises out of the employment when the accident happens because of the employment"); Crosby, 330 S.C. at 496, 499 S.E.2d at 257 (affirming the denial of benefits when substantial evidence supported the Commission's finding claimant "failed to show a causal connection between her fall and her employment").

AFFIRMED.

FEW, C.J., and THOMAS and KONDUROS, JJ., concur.