Wednesday, November 30, 2005

S.C. Court of Appeals issues opinion on "substantial rights" for appellate purposes

In Brunson v. American Koyo Bearings, the Employer in a workers' compensation case sought review of a single Commissioner's decision by the full Commission. In its application for review and supporting memorandum, Employer did not challenge the compensability of one injury, but did challenge others. In a short order, t he Commission vacated the single commissioner's order and remanded for a de novo hearing.

The employee filed an appeal because he believed that the de novo hearing before the single commissioner would include all issues, including those not challenged in Employer's appeal to the Commission. The court of appeals ruled that a substantial right entitling employee to an immediate appeal was not involved because the de novo hearing would be limited "to those matters included in Employer's appeal to the Commission." Hence, the compensability of the unchallenged injury was not up for rehearing. Had it been, the court indicated that a substantial right would have been effected.

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