employer receives immunity (South Carolina) · Go Syfert
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employer receives immunity in South Carolina

15 South Carolina opinions name it 2 courts 1992–2023 3 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Parker v. Williams and Madjanik, Inc.green
sc · 1980 · cited in 6 South Carolina opinions naming this issue, 1992–2003
2 sentences

2000See Peay v. U.S. Silica Co., 313 S.C. 91, 94 , 437 S.E.2d 64, 65 (1993) ("Workers’ compensation laws were intended by the Legislature to relieve workers of the uncertainties of a trial for damages by providing sure, swift recovery for workplace injuries regardless of fault.”); Parker v. Williams & Madjanik, Inc., 275 S.C. 65 , 70, 267 S.E.2d 524 , 526 (1980) ("The employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee.”). .

2000See Peay v. U.S. Silica Co., 313 S.C. 91, 94 , 437 S.E.2d 64, 65 (1993) ("Workers’ compensation laws were intended by the Legislature to relieve workers of the uncertainties of a trial for damages by providing sure, swift recovery for workplace injuries regardless of fault.”); Parker v. Williams & Madjanik, Inc., 275 S.C. 65 , 70, 267 S.E.2d 524 , 526 (1980) ("The employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee.”). .

36
Wright v. Smallwoodgreen
sc · 1992 · cited in 3 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023"Under the scheme [set forth in the Act], the employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee." Wright v. Smallwood, 308 S.C. 471, 475 , 419 S.E.2d 219, 221 (1992) (cleaned up); see also Nolan v. Daley, 222 S.C. 407, 416 , 73 S.E.2d 449, 453 (1952) (explaining the Act confers tort immunity not only on the employer but also on any negligent co-employees).

2023"Under the scheme [set forth in the Act], the employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee." Wright v. Smallwood, 308 S.C. 471, 475 , 419 S.E.2d 219, 221 (1992) (cleaned up); see also Nolan v. Daley, 222 S.C. 407, 416 , 73 S.E.2d 449, 453 (1952) (explaining the Act confers tort immunity not only on the employer but also on any negligent co-employees).

33
Nolan v. Daleygreen
sc · 1952 · cited in 3 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023"Under the scheme [set forth in the Act], the employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee." Wright v. Smallwood, 308 S.C. 471, 475 , 419 S.E.2d 219, 221 (1992) (cleaned up); see also Nolan v. Daley, 222 S.C. 407, 416 , 73 S.E.2d 449, 453 (1952) (explaining the Act confers tort immunity not only on the employer but also on any negligent co-employees).

2023"Under the scheme [set forth in the Act], the employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee." Wright v. Smallwood, 308 S.C. 471, 475 , 419 S.E.2d 219, 221 (1992) (cleaned up); see also Nolan v. Daley, 222 S.C. 407, 416 , 73 S.E.2d 449, 453 (1952) (explaining the Act confers tort immunity not only on the employer but also on any negligent co-employees).

33
Strickland v. Gallowaygreen
scctapp · 2002 · cited in 3 South Carolina opinions naming this issue, 2004–2009
2 sentences

2009“The exclusive remedy doctrine was enacted to balance the relative ease with which the employee can recover under the Act: the employee gets swift, sure compensation, and the employer receives immunity from tort actions by the employee.” Id. at 442 , 597 S.E.2d at 868 (citing Strickland v. Galloway, 348 S.C. 644, 646 , 560 S.E.2d 448, 449 (Ct.App.2002)).

2009“The exclusive remedy doctrine was enacted to balance the relative ease with which the employee can recover under the Act: the employee gets swift, sure compensation, and the employer receives immunity from tort actions by the employee.” Id. at 442 , 597 S.E.2d at 868 (citing Strickland v. Galloway, 348 S.C. 644, 646 , 560 S.E.2d 448, 449 (Ct.App.2002)).

13
Peay v. U.S. Silica Co.green
sc · 1993 · cited in 1 South Carolina opinions naming this issue, 2000–2000
2 sentences

2000See Peay v. U.S. Silica Co., 313 S.C. 91, 94 , 437 S.E.2d 64, 65 (1993) ("Workers’ compensation laws were intended by the Legislature to relieve workers of the uncertainties of a trial for damages by providing sure, swift recovery for workplace injuries regardless of fault.”); Parker v. Williams & Madjanik, Inc., 275 S.C. 65 , 70, 267 S.E.2d 524 , 526 (1980) ("The employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee.”). .

2000See Peay v. U.S. Silica Co., 313 S.C. 91, 94 , 437 S.E.2d 64, 65 (1993) ("Workers’ compensation laws were intended by the Legislature to relieve workers of the uncertainties of a trial for damages by providing sure, swift recovery for workplace injuries regardless of fault.”); Parker v. Williams & Madjanik, Inc., 275 S.C. 65 , 70, 267 S.E.2d 524 , 526 (1980) ("The employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee.”). .

11
Felder v. Wymangreen
scd · 1991 · cited in 1 South Carolina opinions naming this issue, 2000–2000
1 sentence

2000See Felder v. Wyman, 139 F.R.D. 85, 88 (D.S.C.1991) (noting South Carolina does not recognize a physician-patient privilege and stating, “Absent a privilege no party is entitled to restrict an opponent’s access to a witness ...”); Doe v. Eli Lilly & Co., 99 F.R.D. 126, 128 (D.D.C. 1983) (“[N]o party to litigation has anything resembling a proprietary right to any witness’s evidence.

11
Doe v. Eli Lilly & Co.green
dcd · 1983 · cited in 1 South Carolina opinions naming this issue, 2000–2000
1 sentence

2000See Felder v. Wyman, 139 F.R.D. 85, 88 (D.S.C.1991) (noting South Carolina does not recognize a physician-patient privilege and stating, “Absent a privilege no party is entitled to restrict an opponent’s access to a witness ...”); Doe v. Eli Lilly & Co., 99 F.R.D. 126, 128 (D.D.C. 1983) (“[N]o party to litigation has anything resembling a proprietary right to any witness’s evidence.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Case v. Hermitage Cotton Mills green
sc · 1960
2 sentences

2017“The employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee.” Id.

2013“The employee receives the right to swift and sure compensation; the employer receives immunity from tort actions by the employee.” Id.

22013–2017
Edens v. Bellini green
scctapp · 2004
2 sentences

2009“The exclusive remedy doctrine was enacted to balance the relative ease with which the employee can recover under the Act: the employee gets swift, sure compensation, and the employer receives immunity from tort actions by the employee.” Id. at 442 , 597 S.E.2d at 868 (citing Strickland v. Galloway, 348 S.C. 644, 646 , 560 S.E.2d 448, 449 (Ct.App.2002)).

2009“The exclusive remedy doctrine was enacted to balance the relative ease with which the employee can recover under the Act: the employee gets swift, sure compensation, and the employer receives immunity from tort actions by the employee.” Id. at 442 , 597 S.E.2d at 868 (citing Strickland v. Galloway, 348 S.C. 644, 646 , 560 S.E.2d 448, 449 (Ct.App.2002)).

22008–2009
Poch v. Bayshore Concrete Products/South Carolina, Inc. green
scctapp · 2009
2 sentences

2012“The exclusive remedy doctrine was enacted to balance the relative ease with which the employee can recover under the Act: the employee gets swift, sure compensation, and the employer receives immunity from tort actions by the employee.” Poch, 386 S.C. at 22 , 686 S.E.2d at 694 .

2012“The exclusive remedy doctrine was enacted to balance the relative ease with which the employee can recover under the Act: the employee gets swift, sure compensation, and the employer receives immunity from tort actions by the employee.” Poch, 386 S.C. at 22 , 686 S.E.2d at 694 .

12012–2012

Statutes the citing opinions construe

SC § S.C. Code Ann. § 42-1-540 (9) SC § S.C. Code Ann. § 42-1-10 (7) SC § S.C. Code Ann. § 38-77-150 (4) SC § S.C. Code Ann. § 42-1-400 (4) SC § S.C. Code Ann. § 42-1-420 (4) SC § S.C. Code Ann. § 15-78-190 (3) SC § S.C. Code Ann. § 38-77-160 (3) SC § S.C. Code Ann. § 38-77-30 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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