Pikaart v. A & A Taxi, Inc., 393 S.C. 312

Summary

The Supreme Court of South Carolina held that Robert Pikaart was an employee and general manager of A & A Taxi, Inc., rather than an independent contractor, for purposes of workers’ compensation jurisdiction. Applying the right-to-control factors, the court found that the evidence supported an employment relationship and affirmed the circuit court’s determination. The court also held that a challenge to the circuit court’s additional findings concerning benefits was not preserved for appellate review.

Holdings

1. Pikaart was an employee and general manager of A & A Taxi, not an independent contractor, because the preponderance of the jurisdictional evidence, evaluated under the four-factor right-to-control test, established an employment relationship.
2. The challenge to the circuit court's additional findings concerning benefits was not properly before the Supreme Court because the argument was not presented to and ruled upon by the circuit court.

Questions Presented

1. Whether Pikaart was an employee of A & A Taxi rather than an independent contractor, thereby subjecting his claims to the jurisdiction of the South Carolina Workers' Compensation Commission.
2. Whether the circuit court's additional findings concerning compensability, average weekly wage, benefit dates, and medical care could be challenged on appeal when the issue had not been presented to or ruled upon by the circuit court.

Disposition

affirmed