Tuesday, October 25, 2005

S.C. Court of Appeals holds that remand from circuit court to workers' compensation commission is immediately appealable

In Brown v. Greenwood Mills, the court of appeals considered whether a circuit court order remanding a case back to the Workers' Compensation Commission to apportion the lung disease injury between the claimant's smoking habit and cotton dust from the mill. The court of appeals held this to be a final order and subject to appeal. According to the panel:

The court's order mandates apportionment. This ruling is a decision on the merits because it decides with finality whether Greenwood is required to reduce its compensation under sections 42-11-90 and -100. Although the judge left the percentage of apportionment to the commission on remand, the panel would have no choice but to allocate some part of Brown's disability to the non-compensable cause. Accordingly, the circuit court's order constitutes a final decision on the issue of apportionment and is appealable


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