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Richey v. Becton Dickinson6/14/2004
Submitted May 12, 2004
AFFIRMED
Carroll D. Richey filed a workers' compensation claim against Becton Dickinson and Travelers Property Casualty Co. arising from an accident that occurred in 1987. The single commissioner dismissed Richey's claim based on the doctrine of laches. The appellate panel and the circuit court affirmed. We also affirm.
FACTS
On October 4, 1987, Richey, while working for Becton Dickinson, was involved in an accident when steam was blown onto his face. Richey filed a Form 50 with the South Carolina Workers' Compensation Commission on November 23, 1988, alleging injuries to his face and ears and requesting a hearing. A hearing was scheduled for March 16, 1989, but was cancelled for unknown reasons. Richey filed another Form 50 on March 13, 2000, alleging injuries to his ears, face and brain arising from the 1987 accident and requesting a hearing. Richey's pre-hearing brief also alleged injuries to his cervical spine.
A hearing before a single commissioner was held on August 24, 2000. The parties agreed to resolve the issue of laches prior to proceeding with a hearing on the alleged injuries. At the hearing, Richey testified that he was not told why the 1989 hearing was cancelled. A handwritten note on the hearing notice explained the cancellation, stating, "no hearing held; issues resolved; claim still open." The commission has not retained a file on the 1989 claim, nor has the original defense attorney or the insurance carrier. Richey testified, however, that he has not received any compensation for this claim.
No evidence exists showing any attempt by Richey to pursue his claim during the eleven-year period from the scheduled hearing in 1989 to his Form 50 filing in 2000. Richey consulted with several attorneys over this period of time, but apparently became frustrated with their services and terminated his relationship with them. He testified nothing prevented him from seeking additional representation after consulting with the other attorneys, except he was "worried about finding a good, honest lawyer."
The single commissioner found that Richey's claim was barred by laches. From this ruling, Richey appealed to the appellate panel of the commission, which unanimously affirmed the single commissioner's ruling. Richey appealed to the circuit court and the circuit court affirmed. This appeal follows.
STANDARD OF REVIEW
The question of laches is largely a factual one, so each case must be judged on its own merits. Mid-State Trust, II v. Wright, 323 S.C. 303, 307, 474 S.E.2d 421, 423-24 (1996). In a workers' compensation action, the appellate court's scope of review extends only to the correction of errors of law. Gilliam v. Woodside Mills, 319 S.C. 385, 387, 461 S.E.2d 818, 819 (1995).
LAW/ANALYSIS
Richey contends the circuit court erred in finding his claim was barred by the doctrine of laches. Specifically, he argues that pursuant to Halks v. Rust Eng'g Co., 208 S.C. 39, 47, 36 S.E.2d 852, 855 (1946), a timely filed claim remains pending until the case is disposed of by a final award, order, or judgment and the burden to request a hearing rests on both parties, as well as on the commission. Richey further asserts that no statute or agency rule sets a time limit for processing a workers' compensation claim. Therefore, he submits he should not be punished for his delay because it was not his sole responsibility to request a hearing and because the commission, insurance carrier, and original defense attorney acted improperly in destroying their files. While we agree that the responsibility to request a hearing following a Form 50 filing rests not
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