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2012-UP-029 - Turney v. Celadon Trucking Services of Indiana

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 Court of Appeals

Ronnie L. Turney, Employee, Appellant,

v.

Celadon Trucking Services of Indiana, Employer, and S.C. Uninsured Employers' Fund, Respondents.


Appeal From The Workers' Compensation Commission
Appellate Panel


Unpublished Opinion No. 2012-UP-029
Heard January 10, 2012 – Filed January 25, 2012   


AFFIRMED


David Vance Benson, of Rock Hill, for Appellant.

Michael E. Chase and Carmelo B. Sammataro, both of Columbia, for Respondent Celadon Trucking Services of Indiana.

Timothy B. Killen, of Columbia, for Respondent S.C. Uninsured Employers' Fund.

PER CURIAM:  Ronnie Turney appeals a decision by the appellate panel of the workers' compensation commission to deny his benefits claim due to lack of subject matter jurisdiction.  Having carefully reviewed the record on appeal, we make findings of fact consistent with those of the appellate panel.  We therefore conclude Turney has not met his burden of proof on appeal.  See Hernandez-Zuniga v. Tickle, 374 S.C. 235, 244, 647 S.E.2d 691, 696 (Ct. App. 2007) (stating that on appeal of a decision by the commission that it lacked jurisdiction, “[t]he appellant bears the burden of showing that [the decision below] is against the preponderance of the evidence").

AFFIRMED.

FEW, C.J., and THOMAS and KONDUROS, JJ., concur.