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2009-UP-068 - James v. Columbia Staffing

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Robert James, Appellant,

v.

Columbia Staffing and Liberty Mutual Insurance Company, Respondent.


Appeal From Spartanburg County
 Roger L. Couch, Circuit Court Judge


Unpublished Opinion No.   2009-UP-068
Submitted February 2, 2009 – Filed February 9, 2009


AFFIRMED


Stephen B. Samuels, of Columbia, for Appellant.

Jeffrey S. Jones, of Greenville, for Respondent.

PER CURIAM:  Robert James appeals an order of the circuit court affirming an order of the Workers' Compensation Commission Appellate Panel denying his claim.  James argues the circuit court erred in affirming the Appellate Panel's findings he was not credible and did not meet his burden of proof.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities:  Clade v. Champion Lab., 330 S.C. 8, 11, 496 S.E.2d 856, 857 (1998) ("The claimant has the burden of proving facts that will bring the injury within the workers' compensation law, and such award must not be based on surmise, conjecture, or speculation."); Jones v. Harold Arnold's Sentry Buick, Pontiac, 376 S.C. 375, 378, 656 S.E.2d 772, 774 (Ct. App. 2008) (holding substantial evidence is the standard of review applied to workers' compensation claims, and the ability to draw inconsistent conclusions from the evidence does not prevent an appellate court from finding the Appellate Panel's determinations are supported by substantial evidence); Foggie v. Gen. Elec. Co., 376 S.C. 384, 390, 656 S.E.2d 395, 398 (Ct. App. 2008) ("For in workers' compensation cases, the Appellate Panel is the ultimate finder of fact, and the final determination of witness credibility and the weight to be accorded evidence is reserved to the Appellate Panel."); Jennings v. Chambers Dev. Co., 335 S.C. 249, 254, 516 S.E.2d 453, 456 (Ct. App. 1999) ("For an injury to be compensable, it must be by accident arising out of and in the course of employment.").

AFFIRMED.[1]

SHORT, THOMAS, and GEATHERS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.