279 S.C. 343 (S.C. 1983)

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Hunt v. Whitt

Supreme Court of South Carolina

Aug 25, 1983

279 S.C. 343 (S.C. 1983)

Summary

holding interlocutory order of the circuit court remanding the workers' compensation matter for taking additional medical evidence did not involve the merits of the action and therefore was not reviewable by the court for lack of finality

Summary of this case from Foggie v. General Elect

See 6 Summaries

Opinion

21980

August 25, 1983.

Love, Thornton, Arnold Thomason, Greenville, for appellants. Law Offices of John Bolt Culbertson, Greenville, for respondent.

August 25, 1983.

Per Curiam:

This is a Worker's Compensation case here on appeal by the employer from an order of the circuit court reversing and remanding the case to the Hearing Commissioner for the purpose of taking additional medical testimony from the claimant. Because the interlocutory order of the circuit court does not involve the merits of the action, it is not reviewable by this Court for lack of finality. King v. The Singer Company, Power Tool Division, 276 S.C. 419, 279 S.E.2d 367 (1981). To the extent that the following cases and any others not cited can be construed to authorize appeals under the present circumstances, those cases are overruled. Couch v. Greenville County, 249 S.C. 186, 153 S.E.2d 394 (1967); Amick v. City of Columbia, 247 S.C. 254, 146 S.E.2d 860 (1966); Drake v. Raybestos-Manhattan, Inc., 241 S.C. 116, 127 S.E.2d 288 (1962).

The appeal is dismissed without prejudice. See Gunnells v. Raybestos-Manhattan, Inc., 261 S.C. 106, 198 S.E.2d 535 (1973).

Summaries of

Hunt v. Whitt

Supreme Court of South Carolina

Aug 25, 1983

279 S.C. 343 (S.C. 1983)

Summary of this case from Foggie v. General Elect

holding remand proper on circuit court's own motion in a workers' compensation case where the commission failed to make essential findings of fact because "[t]o hold otherwise would in such cases make the determination of the rights of the parties turn upon the neglect of the Commission to make essential findings of fact, or require the appellate court to make the omitted findings of fact which our statute forbids"

Summary of this case from Foggie v. General Elect

holding remand proper on a court's own motion in a workers' compensation case where the commission failed to make essential findings of fact because "[t]o hold otherwise would in such cases make the determination of the rights of the parties turn upon the neglect of the Commission to make essential findings of fact or would require the appellate court to make the omitted findings of fact which our statute forbids"

Summary of this case from Moore v. South Carolina Alcoholic Beverage Control Commission

In Hunt v. Whitt, 279 S.C. 343, 306 S.E.2d 621 (1983), which was also cited in Montjoy, the Court considered an appeal by the employer from an order of the circuit court reversing and remanding the case to the Commission to take additional medical testimony from the claimant.

Summary of this case from Bone v. U.S. Food Serv.

In Hunt v. Whitt,279 S.C. 343, 306 S.E.2d 621 (1983), which was also cited in Montjoy,the Court considered an appeal by the employer from an order of the circuit court reversing and remanding the case to the Commission to take additional medical testimony from the claimant.

Summary of this case from Bone v. U.S. Food Serv. & Indem. Ins. Co. of N. Am.

In Hunt, the circuit court remanded a decision of the full commission so it could take additional testimony from the employee.

Summary of this case from Bone v. U.S. Food Serv.

Hunt v. Whitt

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Hunt v. Whitt

Hunt v. Whitt

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Hunt v. Whitt

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Hunt v. Whitt

Hunt v. Whitt

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