(Download) "Lum v. Lee Way Motor Freight" by South Carolina Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Lum v. Lee Way Motor Freight
- Author : South Carolina Supreme Court
- Release Date : January 10, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1 Two issues stand tendered for our review: [1] Does the parent companys guaranty, statutorily required to preserve its subsidiarys status as an own-risk employer, make the guarantor liable for payment of benefits awarded before the effective date of the guaranty, where the employers default in payment occurred after the guarantys revocation? and [2] Did the Workers Compensation Court commit error in refusing to include the guarantor qua co-obligor with the now bankrupt own-risk employer in the order certifying the commuted obligation for enforcement in the district court? We hold that the guarantors promise under review is not to be treated as governed by strict principles found in the private law of guaranty, but instead, its breadth must be measured by rules applicable to a statutory undertaking given pursuant to the terms of 85 O.S. 1981 ? 61 (d) and Rule 35. Our pronouncement answers both questions in the affirmative.