December 18, 2013 South Carolina Supreme Court published opinion

Shatto v McLeod Regional Medical Center

Shatto fell and was injured while performing anesthesia duties. She filed a claim for workers compensation benefits which the commission granted ruling all four commons law factors supported employee status. The South Carolina Court of Appeals reversed holding all the common law factors supported a finding of independent contractor status. The Court, with one justice concurring in result only, reversed and remanded. It held three of the common law factors supported an employee status namely authority to control evidenced by Center’s requirement that Shatto report to a supervisor for assignments and control over her dress and performance of duties; furnishing of equipment as the operating rooms, clothing and all other equipment was provided; and right to fire as the controlling contracts granted Center the right to terminate Shatto. While the method of payment, to a staffing company instead of Shatto, supported contractor status, the balance of factors support employee status. The case was remanded for the court of Appeals to consider a defense raised by center in its brief.

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