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Spivey v. Carolina Crawler11/23/2005
Heard October 11, 2005
AFFIRMED IN PART and DISMISSED IN PART
Chris Spivey brought this action against Carolina Crawler, his employer, and Travelers Property and Casualty Co., insurance carrier for Carolina Crawler, seeking review of a clincher settlement that limited his recovery of compensation under the South Carolina Workers' Compensation Act. This appeal consolidated Spivey's appeal from the circuit court's dismissal of the action for lack of jurisdiction, and the Employer and Carrier's appeal from the full commission's reopening of the clincher agreement on the issue of fraud. We affirm in part and dismiss in part.
FACTS
On October 9, 1997, Spivey sustained an injury in an accident arising out of and in the course of his employment with Carolina Crawler ("Employer"). Spivey fractured his skull when his head became stuck between the blade and track of a bulldozer. The accident resulted in brain damage, deafness, double vision, cognitive and psychological problems, joint pain, and other injuries.
A couple of years later, Spivey returned to work. Travelers Property and Casualty Co. ("Carrier"), carrier for Employer, approached Spivey about settling his workers' compensation claim. On June 3, 1999, the parties held a conference before a single commissioner that resulted in the approval of a clincher settlement agreement ("clincher") for $32,201. Counsel did not represent Spivey when he consented to the clincher agreement. The full commission approved the clincher on June 9, 1999.
Spivey continued to have medical problems. Upon learning of the clincher, Spivey's family sought legal representation. On May 8, 2000, Spivey's mother petitioned to be appointed as Spivey's Guardian ad Litem, and initiated this action by filing a Form 50 seeking relief from and/or seeking to set aside the clincher. The full commission dismissed the Form 50 in a consent order signed by the parties stating the commission lacked jurisdiction to review the claim.
On January 19, 2001, Spivey filed an action in the circuit court arguing the clincher should be set aside. The circuit court dismissed the action on the basis that it lacked jurisdiction to review a clincher. Spivey filed a motion to reconsider. At the hearing on Spivey's motion, the circuit court stated it "simply had no jurisdiction to review the agreement," but "there's nothing that divests the [full commission] from reviewing the clincher based on any allegations of fraud or incapacity." The judge added, "I do not believe that I have the ability or the jurisdiction to remand this. I don't think that it is necessary. I think that you just need to rebring your action."
In response to the circuit court's recommendation, Spivey once again filed a Form 50 with the full commission. In addition, Spivey appealed the circuit court's dismissal of his action to this court. Spivey next filed a motion to stay the appeal pending the full commission's decision concerning its jurisdiction to review the clincher. This court granted the stay.
On November 12, 2003, the full commission granted Spivey a hearing to review the clincher solely on the issue of fraud and remanded the matter to the single commissioner for the hearing. Employer and Carrier filed a motion to reconsider, and the full commission denied the motion. Employer and Carrier then filed a notice of appeal to the circuit court. The circuit court dismissed the appeal stating "any issue about jurisdiction under the full commission has to be taken up with the full commission and/or the Court of Appeals."
Thereafter, Employer and Carrier filed a notice of appeal to this court, a motion to consol
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