Opinion
2015-UP-199
04-15-2015
Kenneth Smith, Employee, Respondent, v. Marion Builders Group, LLC, and Builders Mutual Insurance Company, Appellants. Appellate Case No. 2013-001611
George Albert Taylor, of Callison Tighe & Robinson, LLC, of Columbia, for Appellants. Everett H. Garner, of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for Respondent.
UNPUBLISHED OPINION
Heard March 3, 2015
Appeal From The Workers' Compensation Commission
George Albert Taylor, of Callison Tighe & Robinson, LLC, of Columbia, for Appellants.
Everett H. Garner, of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for Respondent.
PER CURIAM
Marion Builders Group, LLC and Builders Mutual Insurance Company (Appellants) assign error to the decision of the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel), which affirmed the single commissioner's calculation of Claimant Kenneth Smith's average weekly wage, as amended. Specifically, Appellants argue that the revised calculation reflects an unsupported factual finding of Smith's average hourly rate and average hours per week. On the other hand, Smith argues the Appellate Panel's calculation reached a "fair approximation" of Smith's average weekly wage.
We affirm pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. § 42-1-40 (2015) (finding an alternative method of calculating a claimant's average weekly wage may be employed under exceptional circumstances to "most nearly approximate the amount which the injured employee would be earning were it not for the injury"); Hargrove v. Titan Textile Co., 360 S.C. 276, 289, 599 S.E.2d 604, 611 (Ct. App. 2004) ("The Appellate Panel is the ultimate fact finder in [w]orkers' [c]ompensation cases . . . ."); Hill v. Eagle Motor Lines, 373 S.C. 422, 436, 645 S.E.2d 424, 431 (2007) ("Substantial evidence is that evidence which, in considering the record as a whole, would allow reasonable minds to reach the conclusion the [Appellate Panel] reached."); Sellers v. Pinedale Residential Ctr., 350 S.C. 183, 191, 564 S.E.2d 694, 698 (Ct. App. 2002) ("The objective of wage calculation is to arrive at a fair approximation of the claimant's probable future earning capacity." (emphasis added) (quoting Bennett v. Gary Smith Builders, 271 S.C. 94, 98, 245 S.E.2d 129, 131 (1978) (internal quotation marks omitted))).
AFFIRMED.
THOMAS, KONDUROS, and GEATHERS, JJ., concur.