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2009-MO-060 - Richarld Pfeil v. SC Unisured Employers' Fund

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Richard Pfeil, Claimant

v.

Larry Rowell, Individually, Jeff Barnhart, Individually, d/b/a Rowell and Barnhart Construction, Uninsured  Employer(s),

and Waddell Homes, Statutory Employer,

and Zurich American Insurance Company, and South Carolina Uninsured Employers' Fund, Defendants,

of whom Waddell Homes, Inc. and Zurich American Insurance Company are the Appellants,

and South Carolina Uninsured Employers' Fund is the Respondent.


Appeal From York County
S. Jackson Kimball, III, Circuit Court Judge


Memorandum Opinion No.   2009-MO-060
Heard November 4, 2009 – Filed November 9, 2009


AFFIRMED


Bradley Horace Smith, of Rudisill, White & Kaplan, of Charlotte, for Appellants.

Amy Cofield, of Cofield Law Firm, of Lexington, for Respondent(s).


PER CURIAM: In this workers' compensation case, Appellants Waddell Homes, Inc. and Zurich American Insurance Company appeal the trial court’s order denying their request to transfer liability to Respondent South Carolina Uninsured Employers' Fund.  We affirm pursuant to Rule 220(b) of the South Carolina Appellate Court Rules and the following authority: Hopper v. Terry Hunt Construction, 383 S.C. 310, 680 S.E.2d 1 (2009) (holding that an incomplete ACORD Form does not constitute proper documentation of the subcontractor's workers' compensation insurance). 

AFFIRMED.

WALLER, ACTING CHIEF JUSTICE, PLEICONES, BEATTY,  KITTREDGE, JJ., and Acting Justice James E. Moore, concur.