772 S.E.2d 510
S.C.2015Background
- Collins was employed by West Expedited & Delivery Service, a subcontractor.
- Collins was killed in a fatal auto collision while returning to South Carolina after a Wisconsin delivery for Seko Charlotte.
- Seko Charlotte engaged West Expedited for interstate cargo deliveries; no written contract existed, but ongoing business relations existed (roughly 2–3 trips per month).
- West Expedited typically billed mileage one-way; return-trip costs were bundled in the mileage rate charged to Seko Charlotte.
- Dependents filed a workers' compensation claim against West Expedited, Seko Worldwide, Federal Insurance, Seko Charlotte, and Nationwide; the Commission found Collins was Seko Charlotte’s statutory employee and traveling employee.
- The Appellate Panel reversed, applying the employee/independent contractor test; the Court of Appeals later concluded Collins was Seko Charlotte’s statutory employee under the statutory employee test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collins was Seko Charlotte's statutory employee at death | Fund argues statutory employee status because return trip is incidental and all three tests were met | Seko Charlotte argues no statutory status since contract terminated after Wisconsin delivery | Yes; Collins was Seko Charlotte's statutory employee; Court affirmed |
Key Cases Cited
- Voss v. Ramco, Inc., 325 S.C. 560, 482 S.E.2d 582 (Ct. App. 1997) (three-factor test for statutory employment)
- Fortner v. Thomas M. Evans Constr. & Dev., L.L.C., 402 S.C. 421, 741 S.E.2d 538 (Ct. App. 2013) (statutory employment as exception to typical employment)
- Hall v. Desert Aire, Inc., 376 S.C. 338, 656 S.E.2d 753 (Ct. App. 2007) (traveling employees' course of employment; traveling is a substantial job component)