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Bass v. Kenco Group11/21/2005
ation of witness credibility and the weight to be accorded evidence is reserved to the appellate panel. Shealy v. Aiken County, 341 S.C. 448, 535 S.E.2d 438 (2000); Parsons v. Georgetown Steel, 318 S.C. 63, 456 S.E.2d 366 (1995); Frame, 357 S.C. at 528, 593 S.E.2d at 495; Gibson, 338 S.C. at 517, 526 S.E.2d at 729. The possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's findings from being supported by substantial evidence. Sharpe v. Case Produce, Inc., 336 S.C. 154, 519 S.E.2d 102 (1999); DuRant v. South Carolina Dep't of Health & Envtl. Control, 361 S.C. 416, 604 S.E.2d 704 (Ct. App. 2004); Corbin, 351 S.C. at 618, 571 S.E.2d at 95; Muir, 336 S.C. at 282, 519 S.E.2d at 591. Where there are conflicts in the evidence over a factual issue, the findings of the appellate panel are conclusive. Hargrove, 360 S.C. at 290, 599 S.E.2d at 611; Etheredge, 349 S.C. at 455, 562 S.E.2d at 681.
The findings of an administrative agency are presumed correct and will be set aside only if unsupported by substantial evidence. Anderson v. Baptist Med. Ctr., 343 S.C. 487, 541 S.E.2d 526 (2001); Hicks v. Piedmont Cold Storage, Inc., 335 S.C. 46, 515 S.E.2d 532 (1999); Frame, 357 S.C. at 528, 593 S.E.2d at 495. It is not within our province to reverse findings of the appellate panel which are supported by substantial evidence. Pratt, 357 S.C. at 622, 594 S.E.2d at 274-75; Broughton, 336 S.C. at 496, 520 S.E.2d at 637.
LAW/ANALYSIS
I. Efficacy of Kenco's Assignments of Error
As a threshold issue, Bass argues Kenco's appeal should be dismissed because (1) its assignments of error "fail to meet the standard of specificity required for judicial review," and (2) Kenco asserts an erroneous standard of review.
The circuit court noted that Kenco's assignments of error all contend the commission's findings were "'not supported by the greater weight of credible evidence nor . . . by existing South Carolina statutory or case law.'" The assignments, according to the circuit court, "fail to meet the standard of specificity required for judicial review under the Administrative Procedures Act." Furthermore, Kenco erroneously substitutes a preponderance or greater weight of the evidence standard for the appropriate substantial evidence standard.
Smith v. South Carolina Department of Social Services, 284 S.C. 469, 327 S.E.2d 348 (1985), sets forth the specificity requirement for appeals under the APA:
petition which will suffice legally must be one which will direct the court's attention to the abuse or abuses allegedly committed below through a distinct and specific statement of the rulings complained of. In short, the petition must include all that is necessary to enable the appellate court to decide whether the ruling complained of was erroneous.
Id. at 470-71, 327 S.E.2d at 349. In Smith, the petition for review was "broad and unspecific," and contained "no allegation which would explain why [the appellant] believe the agency decision was wrong." Id. The Smith court stated, "In essence, the petition merely represents a statement by her that she is dissatisfied with the decision that she received from the agency below." Id.
Unlike the court in Smith, Kenco's assignments of error are not so opaque or laconic as to hinder our review. Moreover, Kenco's framing of the alleged errors in terms of "the greater weight of evidence" is likely an inadvertent scrivener's error. This Court is fully cognizant of the proper standard of review to be employed in Workers' Compensation cases. South Carolina jurisprudence exuberates with precedent extant on the proper standard of review
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