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Turney v. Celadon Trucking Services of Indiana

Court of Appeals of South Carolina
Jan 25, 2012
2012-UP-029 (S.C. Ct. App. Jan. 25, 2012)

Opinion

2012-UP-029

01-25-2012

Ronnie L. Turney, Employee, Appellant, v. Celadon Trucking Services of Indiana, Employer, and S.C. Uninsured Employers' Fund, Respondents.

David Vance Benson, of Rock Hill, for Appellant. Michael E. Chase and Carmelo B. Sammataro, both of Columbia, for Respondent Celadon Trucking Services of Indiana. Timothy B. Killen, of Columbia, for Respondent S.C. Uninsured Employers' Fund.


UNPUBLISHED OPINION

Heard January 10, 2012

Appeal From The Workers' Compensation Commission Appellate Panel

David Vance Benson, of Rock Hill, for Appellant.

Michael E. Chase and Carmelo B. Sammataro, both of Columbia, for Respondent Celadon Trucking Services of Indiana.

Timothy B. Killen, of Columbia, for Respondent S.C. Uninsured Employers' Fund.

PER CURIAM

Ronnie Turney appeals a decision by the appellate panel of the workers' compensation commission to deny his benefits claim due to lack of subject matter jurisdiction. Having carefully reviewed the record on appeal, we make findings of fact consistent with those of the appellate panel. We therefore conclude Turney has not met his burden of proof on appeal. See Hernandez-Zuniga v. Tickle, 374 S.C. 235, 244, 647 S.E.2d 691, 696 (Ct. App. 2007) (stating that on appeal of a decision by the commission that it lacked jurisdiction, "[t]he appellant bears the burden of showing that [the decision below] is against the preponderance of the evidence").

AFFIRMED.

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


Summaries of

Turney v. Celadon Trucking Services of Indiana

Court of Appeals of South Carolina
Jan 25, 2012
2012-UP-029 (S.C. Ct. App. Jan. 25, 2012)
Case details for

Turney v. Celadon Trucking Services of Indiana

Case Details

Full title:Ronnie L. Turney, Employee, Appellant, v. Celadon Trucking Services of…

Court:Court of Appeals of South Carolina

Date published: Jan 25, 2012

Citations

2012-UP-029 (S.C. Ct. App. Jan. 25, 2012)