Supreme Court of South Carolina

Isaac D. Brailey v. Michelin North America, Inc.

July 10, 2024

Summary

The Supreme Court of South Carolina affirmed the Court of Appeals, holding that Michelin failed to satisfy the third element of the Cooper fraud‑in‑application test and therefore could not deny Brailey workers’ compensation benefits. The Court expressed doubts about the continued validity of the Cooper test in light of the ADA and the lack of statutory guidance, but did not overrule it.