BLUFFTON (South Carolina) TODAY

February 21, 2010

Migrant’s win could affect S.C. employers

By SARITA CHOUREY

COLUMBIA — The S.C. Supreme Court handed a clear victory to a Haitian migrant worker this week, but what’s less clear is how the decision to grant him workers compensation will affect other farms, factories and construction sites.

Frantz Pierre, was a legal immigrant who came to South Carolina to work for $6 an hour at Seaside Farms, a 400-acre tomato farm with a packing facility on St. Helena Island.

“This ruling places South Carolina squarely in the mainstream of states regarding rights of migrant workers,” said Andrew Turner, the Southern Poverty Law Center attorney who represented Pierre.

The worker had arrived on June 5, 2003, finished his paperwork, and was looking around the housing area provided for free by the farm. As he was leaving the building, he slipped on a wet sidewalk and fractured his ankle. He noticed a woman was using the outside sink and water was flowing down the sidewalk.

But the S.C. Workers Compensation Commission had denied the man’s claim, as did a circuit court. Those decisions were thrown out Tuesday, when the Supreme Court ruled unanimously that even though Pierre was not required by contract to live in the housing provided by the employer, he had no other option and it was necessary due to the nature of his work.

“Migrant farm workers are one of the most indigent populations in the state of South Carolina, and workers comp coverage is one of the only ways they can get sustained medical care for injuries they tend to incur,” said Turner.

Winners and losers

The court simply corrected a mistake committed by the Workers Compensation Commission, said Kirsten Barr of Trask & Howell.

“Migrant workers live in bunkhouses on their employers’ premises in large part because it benefits their employers,” said the in Mount Pleasant attorney. She compared Pierre’s situation to a paramedic’s down-time while on call, or an employee who stays at hotel while traveling for work. Injuries during these periods are routinely covered by workers comp, said Barr.

Joseph Seiner, assistant professor of law for the University of South Carolina, said workers stand to benefit from the court’s decision.

“Employers are going to have to be much more cognizant, when they provide those types of arrangement, that the responsibilities don’t end at the workhouse gates,” he said.

In his view, it was unclear who would bear the cost of any increases in premiums or onsite maintenance expenses.

Stan Lacy, Collins & Lacy, said the decision isn’t a “landmark case,” but will probably be cited in future cases.

“What really makes it unique ... is the fact that the guy just arrived and he decided to take a walk, look around, and slips and falls,” added Lacy.

“In some respects, the Supreme Court pushed that envelope a little bit.”

At least some in the farming community were apprehensive.

York Glover, a Clemson Extension agent in Beaufort County, said he disagreed with it.

“I don’t see it as work related,” he said. “I find it disturbing that it would be.”

Glover questioned why the man’s fall wouldn’t be treated like a general liability issue, the same as if someone tripped while a guest in your home.

Glover said migrant workers “are very instrumental in the harvesting of the various fruit and vegetables. ... There is no question they should be protected. But that ruling, based on workers comp, becomes something of interest and could be challenging for a lot of growers.”

M.D. Floyd, who grows corn, soybeans and tobacco in Florence County, was also concerned by the ruling.

He warned that farmers may no longer provide housing to workers, if the risk appears to great.

“A farmer would have to quit doing that and let the worker rent his own house,” said Floyd.

Farm operators in South Carolina can opt for no-fault workers comp coverage or simply make themselves subject to a lawsuit. Other businesses do not have that choice and must purchase the insurance if they regularly employ at least four people. Agricultural employees are among a handful of exceptions.

Pierre, who left the state after his injury, should be receiving his money after the Workers Compensation Commission finishes processing the court’s decision, said Turner.

Seaside Farms could not be reached.