![]() (Respondent-Appellant) was procured by fraud and void ab initio. This is a cross-appeal from a final decision and order of the Appellate Panel of the Workers' Compensation Commission holding the South Carolina Uninsured Employers' Fund (Appellant-Respondent) responsible for Claimant's benefits because the Appellate Panel found the workers' compensation insurance contract between J&L Construction, LLC, and FirstComp a division of Markel, Inc. Richard Daniel Addison of Hedrick Gardner Kincheloe & Garofalo, LLP, of Columbia, for Respondent-Appellant FirstComp a division of Markel, Inc. ![]() ![]() Cofield of Cofield Law Firm, of Lexington, for Appellant-Respondent SC Uninsured Employers' Fund. Of whom the South Carolina Uninsured Employers' Fund is the Appellant/Respondent,Īnd FirstComp, a division of Markel, Inc., is the Respondent/Appellant.Īmy V. R-N-M Builders & Associates, LLC, Employer, and FirstComp a division of Markel, Inc., Carrier, appeals the trial court's order granting David Fedor's motion for relief from judgment, arguing (1) the trial court erred in refusing to consider the confidential settlement agreement in determining whether Fedor satisfied the confession of judgment, (2) the trial court should have considered the merits of Smith's motion for reconsideration even though it was not provided to the court within ten days of filing, and (3) this court should remand the matter to the trial court for denial of the motion for relief from judgment because the confidential settlement agreement is sufficiently clear, explicit, and unambiguous.Ģ015-002092 Dallas Paul Bessinger, Claimant, Katherine Carruth Goode, of Winnsboro, for Respondent.Įdwin Smith, Jr. Gilreath and William Mitchell Hogan, both of The Gilreath Law Firm, PA, of Greenville, for Appellant. You can apply for legal help by calling (888) 346-5592 or online by visiting. If you cannot afford an attorney, South Carolina Legal Services may be able to assist you. It is very helpful to be represented by an attorney in an unemployment benefits appeal. Only subpoena a witness or document if you know it will help your case. Also, DEW may not let the you know before the hearing if your request for a subpoena was denied, so it is important to follow up to determine whether it was issued.įorcing someone to participate in a hearing against their will is often not helpful to the case. DEW will not issue a subpoena out of state. DEW will only subpoena witnesses or documetns it believes are necessary, so it is imporant to explain the importance of the witness to the case. Follow the instructions on the form to make the request. Follow the instructions on the form to request the subpoena of witnesses or documents.Ī request for a subpoena must be made quickly to make sure there is enough time for it be prepared to and served. The Department provides Form APP-107, Application for Issuance of Witness Subpoena, for this request. You must request the issuance of a subpoena in writing. If there are important witnesses or documents that you do not have access to, you can request that DEW order that they be made available at the hearing. You can make the request by faxing a letter to Lower Authority Appeals at (803) 737-0287. ![]() You have a right to request these records, as well as any documents that the employer wants to submit into evidence. The claims file has the information from the fact-finding process, including statements you made when you applied for benefits and the employer's response, as well as any documents the parties submitted as part of that process. One of the most important steps in preparing for the hearing is obtaining a copy of the claims file. Notices are often sent to the parties with less than two weeks of notice, so it is best not to wait for receipt of the notice of the hearing to prepare. If you file a timely appeal to the Appeal Tribunal, DEW will send you a Notice of Hearing with the name of the administrative hearing office, time, date, and location of the hearing, and basic information about how the hearing is conducted. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |