Difference between casual and covered employees

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Reference no: EM133876450

Review Smith v. Coastal Tire & Auto Service, 207 S.E.2d 810 (S.C. 1974)

1. In Your Post Identify:

The court hearing the case.
The parties involved.
The issues in dispute relevant to our topics this week.
The positions of the parties on the issues in dispute. State each party's position separately.

2. Summarize the court's holding.

3. State whether you agree with the decision, why or why not (- not just "yes or no")? Use facts and legal doctrines from the case to support your opinion.

4. Roll play as the judge in this case and draft a bright-line test that clearly delineates the difference between casual and covered employees in order to provide employers and insurers with predictability in this area of the law. Include at least as many factors as discussed in the case.

5. Do you believe the outcome might have been different had the son been testing the car, or in other words, if the son had been actually performing services for the company rather than seemingly being "along for the ride?" Do you believe this should make a difference?

6. What other remedies might Matthew Smith have outside of the workers' compensation system?

Reference no: EM133876450

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