Specifically, the Fund averred Lake was not an employee of Reeder Construction at the time of his injury. The Fund filed a Form 51 denying the claim. Because Reeder Construction was operating without Workers' Compensation insurance, the Fund became a party to the action. Lake filed a Form 50 alleging that on January 5, 1994, he sustained an injury to his shoulder arising out of and in the course of his employment with Reeder Construction. When asked if Lake was "doing any carpentry work for Reeder" on the date of the accident, Reeder answered, "I don't think so." Reeder admitted he drove Lake to the emergency room and offered to pay his medical bills. Reeder stated that, although Lake drove four of Reeder Construction's crew members to work on the day of the injury, Lake *246 was not working for Reeder Construction on that date. Lake arrived at the Huskey job site at 8:00 a.m. He did not know why Lake was in the basement of the house. Reeder claimed the only reason Lake was at the Huskey house on the day of the accident was to get a form signed. Lake, however, denied he had ever been fired or otherwise terminated by Reeder. Reeder said Lake did not work for him after he received the December 18 "Low Earnings and Partial Claim Report," which he thought was probably returned to him around Christmas of 1993. He maintained he authorized Lake to fill out the forms but not to sign them. Reeder claimed he fired Lake in December of 1993 for signing Reeder's name to a "Low Earnings and Partial Claim Report." Reeder claimed he always signed the blank forms. Huskey testified he knew Lake was working for Reeder regularly until the time of the accident. He was not present when Lake was injured. Steven Huskey observed Lake working on several occasions during the time Reeder Construction was building his house. Lake told Reeder he was in pain and did not go to work that day. The morning following Lake's injury, Reeder phoned Lake and asked him if he was going to drive to work the crew members that usually rode with him to the job site. However, Reeder paid none of Lake's medical bills. He told Lake he would pay his medical bills. Reeder drove Lake to the emergency room immediately after the accident. On that same morning Lake, while walking out of the basement door of the Huskey house, was injured when a large piece of lumber fell from a scaffold and hit him on the left arm and shoulder. On January 5, 1994, Lake drove four of his fellow employees to the job site. Reeder told Lake to start bringing the forms to him and he would sign them. The employee informed Reeder the signature of the employer on the forms was not his and that he was required to sign the forms. *245 An employee with the Employment Security Commission returned the forms for the week of December 18, 1993. Lake would then file the forms with the Employment Security Commission. According to Lake, he filled out and signed these forms on a regular basis with Reeder's approval. Reeder instructed Lake to sign Reeder's name to the forms. In order to receive partial compensation on such occasions, Lake, pursuant to Reeder's request, would frequently fill out "Low Earnings and Partial Claim Report" forms for himself and the other employees. While working on the Huskey house, Lake gave four of his co-workers a ride in his car to and from work on a daily basis.Īt times, Lake and the other employees were unable to work a full week due to weather conditions. Beginning with the construction of the Huskey house, Reeder paid all of his employees in cash. According to Reeder, he considered Lake his foreman and "righthand man." In November of 1993, Reeder Construction began framing a house for Steven Huskey. In 1983, Billy Ray Reeder, owner of Reeder Construction Company, hired Lake to work as a carpenter. In this Workers' Compensation case, the South Carolina Workers' Compensation Uninsured Employers' Fund (the Fund) appeals the Circuit Court's affirmance of the Workers' Compensation Commission's order awarding benefits to James Lake (Lake) and holding he was an employee of Reeder Construction Company on the date of his injury. Ayers, both of Ayers, Smithdeal and Bettis, Greenwood, for Respondent. Second Injury Fund, Columbia, for Appellant. Of Whom the South Carolina Worker's Compensation Uninsured Employer's Fund is, Appellant. REEDER CONSTRUCTION CO., Employer, and South Carolina Workers' Compensation Uninsured Employers' Fund, Defendants,
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