Thursday, March 09, 2006

S.C. Court of appeals holds that an injury arises out of employment where employee was working on his personal vehicle at work

In West v. Alliance, the Court of Appeals examined whether an injury sustained by Charles West arose out of his employment. At base, an explosion at work West while he performed repairs on his own truck during working hours and using his employer's equipment. The Court of Appeals that the injury arose out of and in the course of West's employment. According to the court:

Here, the record supports the finding--to the substantial evidence standard--that the truck would be utilized in Meylan’s operations following repairs. A shortage of trucks existed, and West had volunteered the use of his truck once it was restored to operable condition. According to West, whose testimony the Commission deemed credible, supervisor Williams "knew that I was wanting to use [the truck] for work." Williams authorized West to drive to West Virginia on company time and at company expense to bring the truck to the shop in Rock Hill, and permitted the truck to be kept at the shop. Williams knew the repairs were necessary to make the truck operational.

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