Collins v. Seko Charlotte

Gregory Collins worked for West Expedited & Delivery Service, Incorporated, and was killed in an automobile collision while returning to South Carolina after making a delivery in Wisconsin for Seko Charlotte. West Expedited, as a subcontractor, contracted with Seko Charlotte to make an interstate delivery of parts. As a result of Collins' work-related death, Collins' dependents filed a workers' compensation claim against West Expedited, Seko Worldwide, Federal Insurance Company, Seko Charlotte, and Nationwide Mutual Insurance Company. A single commissioner of the Workers' Compensation Commission applied the three tests from "Voss v. Ramco, Inc.," (482 S.E.2d 582 (Ct. App. 1997)) and determined that Collins was Seko Charlotte's statutory employee at the time of his fatal accident pursuant to section 42-1-410 of the South Carolina Code. Additionally, Collins was determined to be a traveling employee. Therefore, Seko Charlotte, and its insurance company, Nationwide, were liable. Seko Charlotte and Nationwide appealed the order. The appeal was heard by the Appellate Panel of the Commission. Applying the four factors of the employee/independent contractor test, the Appellate Panel of the Commission concluded Collins was not an employee of Seko Charlotte on the return trip because West Expedited had "the exclusive right of control over [Collins]" after deliveries were made in Wisconsin. The Appellate Panel of the Commission therefore reversed the single commissioner. The Uninsured Employers Fund appealed to the Court of Appeals. The court found that the Commission committed an error of law when it applied the employee/independent contractor test instead of the statutory employee test. Applying the statutory employee test, the Court of Appeals concluded that Collins was Seko Charlotte's statutory employee, reversed the Commission's decision, and reinstated the single commissioner's order. The Supreme Court granted Seko Charlotte and Nationwide's petition for a writ of certiorari to review the decision of the Court of Appeals. After review, the Supreme Court concluded the Court of Appeals properly reversed the Commission's decision, and reinstated the single commissioner's order. View "Collins v. Seko Charlotte" on Justia Law