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Brunson v. American Koyo Bearings11/28/2005
Submitted September 1, 2005
APPEAL DISMISSED
This is an appeal from an interlocutory order of the Workers' Compensation Commission. American Koyo Bearings and its insurance carrier, Tokio Marine and Fire Insurance Company, (collectively "Employer") appealed from an adverse ruling of the single commissioner to an appellate panel of the Commission. The Commission vacated the single commissioner's order and remanded for a de novo hearing. The claimant, Sharon Brunson, appealed from the Commission's remand order to the circuit court, which dismissed the appeal as interlocutory. We find this interlocutory order is not immediately appealable and join the circuit court in dismissing the appeal.
FACTS / PROCEDURAL HISTORY
Brunson worked for American Koyo Bearings for approximately three years on an assembly line--where she was exposed to chemicals--sorting and cleaning parts. Brunson filed a Form 50 claiming that she developed contact dermatitis to her hands, arms, and other body parts as a consequence of her employment duties. She further contended that she sustained injuries to her lungs, throat, voice box, vocal cords, nasal passages, and head arising from the scope of her employment.
In response, Employer filed a Form 51 admitting that Brunson suffered from contact dermatitis, and further acknowledging the injury was compensable. However, Employer denied any permanent impairment and further denied injury to the other body parts.
The single commissioner determined that Brunson sustained multiple injuries by accident in the course of her employment, including the finding that Brunson suffered or contracted an occupational disease with respect to her dermatitis and respiratory problems. As a result, Employer was ordered to pay temporary total disability benefits plus all causally related medical treatment and treatment recommended by Brunson's physicians.
Employer sought review by the Commission. In its application for review and supporting memorandum, Employer did not challenge the compensability of the contact dermatitis. The Commission vacated the single commissioner's order and remanded for a de novo hearing.
Brunson appealed to the circuit court, arguing that certain findings made by the single commissioner were not cited as grounds for appeal and consequently should not be revisited on remand. The circuit court ruled the Commission's order interlocutory and not immediately appealable on the basis that the remand order neither affected the merits nor deprived Brunson of a substantial right. The appeal was therefore dismissed. We are now presented with the appealability of the Commission's interlocutory order and Brunson's claim that the Commission's order affected her substantial rights.
LAW / ANALYSIS
South Carolina adheres to the final judgment rule. Accordingly, with certain exceptions, an appeal lies only from a final judgment. Hagood v. Sommerville, 362 S.C. 191, 194-195, 607 S.E.2d 707, 708 (2005); S.C. Code Ann. § 14-3-330(1) (1976 and Supp. 2004); Rule 72, SCRCP; Rule 201(a), SCACR. By statute, an appeal from an interlocutory order is permitted in certain circumstances, including when the order is one "involving the merits . . . affecting a substantial right." S.C. Code Ann. § 14-3-330(1) and (2). Appeals from administrative bodies, such as the Workers' Compensation Commission, follow the same rules, such that an appeal will not lie from an interlocutory order of the Commission unless the order affects the merits or deprives the appellant of a substantial right. Green v. City of Columbia, 311 S.C. 78, 79-80, 427 S.E.2d 685, 687 (Ct. App. 1993). Orders from the Com
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