Foggie v. General Elec. Co.

Citation376 S.C. 384,656 S.E.2d 395
Decision Date10 January 2008
Docket NumberNo. 4330.,4330.
CourtCourt of Appeals of South Carolina
PartiesBobby S. FOGGIE, Sr., Employee, Appellant, v. GENERAL ELECTRIC CO., Employer, and Electric Insurance Co., Carrier, Respondents.

Kathryn Williams, of Greenville, for Appellant.

David Hill Keller, of Greenville, for Respondents.

HUFF, J.

In this workers' compensation action, Bobby S. Foggie, Sr. appeals the circuit court's order affirming in part the order of the South Carolina Workers' Compensation Commission, but also remanding two matters to the Commission. We find the interlocutory order of the circuit court is not immediately appealable, and therefore dismiss this appeal.1

FACTUAL/PROCEDURAL BACKGROUND

Foggie began working for General Electric around 1967. On June 19, 2000, while working as a machine operator, he was injured when a wrench he was using to tighten a bolt slipped, causing him to fall. Foggie sought benefits for injuries to his back, neck, right shoulder, right upper extremity, and psyche as a result of the accident, and claimed he was permanently and totally disabled. General Electric admitted Foggie suffered an injury by accident to his right shoulder, but denied related injury to any other body part or system and denied Foggie was permanently and totally disabled.

By order dated November 23, 2004, the Single Commissioner found Foggie sustained a compensable injury to his back, right upper extremity, and psyche, and that he was permanently and totally disabled "as a result of his injury by accident; the combination of his related physical and psychological injuries, restrictions, and limitations; and his inability to return to any work and complete loss of earning capacity." In reaching this determination, the Commissioner found it was the opinion of Dr. Tollison that claimant was permanently and totally disabled as a result of the combination of the physical and psychological injuries caused by the injury by accident. The Commissioner also noted Foggie had received a prior workers' compensation award with General Electric involving an injury to another part of his body, but found there was no evidence concerning the amount of the disability and therefore General Electric was not entitled to any credit for previous permanent partial disability benefits paid for that claim. While the Commissioner found Foggie suffered from preexisting post-traumatic stress disorder resulting from his service with the military in Vietnam, no finding was made as to General Electric's entitlement to any credit for Foggie's previous disability assessment by the Veteran's Administration.

General Electric appealed to the Appellate Panel contending, among other things, the Single Commissioner erred in finding Foggie suffered an injury to his psyche, finding Foggie was totally and permanently disabled, failing to award General Electric credit for a prior 10% award in a previous workers' compensation claim, and failing to give General Electric credit for a 30% award Foggie previously received from the Veterans Administration. The Appellate Panel found Foggie sustained a compensable injury to his psyche and that he was permanently and totally disabled, but determined General Electric was entitled to credit for a previous 10% workers' compensation award involving Foggie's leg. While the Appellate Panel found Foggie suffered from preexisting post-traumatic stress disorder as a result of his military service, it made no finding regarding whether General Electric was entitled to any credit for this previous disability. The Appellate Panel, like the Single Commissioner, found Dr. Tollison opined that Foggie was permanently and totally disabled as a result of the combination of the physical and psychological injuries caused by the injury by accident.

General Electric appealed to the circuit court, asserting the Commission erred in (1) finding Foggie sustained an injury to his psyche, (2) finding Foggie was entitled to permanent total disability benefits as a result of his injuries, and (3) failing to grant General Electric a credit for a 30% disability assessed by the Veterans Administration. Foggie also appealed, contending the Commission erred in granting General Electric credit for 10% loss, of use of Foggie's lower extremity as a result of a previous accident. The circuit court affirmed the Commission's findings that Foggie sustained injury to his psyche and that General Electric was entitled to a 10% credit for the prior workers' compensation award for Foggie's leg. However, it remanded on the issue of permanent total disability, as well as that of credit for the 30% psychological disability. The court found the Commission, in making its determination on permanent total disability, considered a statement from Dr. Tollison which was to have been excluded from the record. The court thus remanded the case to the Commission with instructions to review the record without considering the excluded material and to determine whether its findings and conclusions should be altered in any way, The circuit court remanded the issue of the 30% disability assessed by the Veterans Administration for Foggie's combat-related post-traumatic stress disorder, finding the Commission made "absolutely no ruling and no findings of any kind" on the issue, and instructed the Commission to review the record and applicable law and make specific findings concerning General Electric's entitlement to the claimed credit. This appeal followed.

LAW/ANALYSIS

Foggie asserts the circuit court erred in (1) failing to find substantial evidence supports the Commission's finding that he is entitled to permanent total disability compensation benefits, (2) affirming the Commission's finding that General Electric is entitled to credit for an unrelated award of 10% permanent partial disability to Foggie's leg, and (3) failing to reject General Electric's claimed credit for Foggie's alleged service-related disability. General Electric contends, however, the order of the circuit court is interlocutory and therefore not directly appealable. We agree with General Electric, and thus dismiss this appeal.

Appellate review of workers' compensation decisions is governed by the Administrative Procedures Act. Geathers v. 3V, Inc., 371 S.C. 570, 576, 641 S.E.2d 29, 32 (2007). Pursuant to section 1-23-390 of the South Carolina Code, "An aggrieved party may obtain a review of a final judgment of the circuit court or the court of appeals pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases." S.C.Code Ann. § 1-23-390 (Supp.2006) (emphasis added). Thus, our courts, "have consistently held that an order of the circuit court remanding a case for additional proceedings before an administrative agency is not directly appealable." Montjoy v. Asten-Hill Dryer Fabrics, 316 S.C. 52, 52, 446 S.E.2d 618, 618 (1994). See also Davis v. La-Z-Boy Chair Co., 287 S.C. 121, 122, 337 S.E.2d 238, 239 (Ct.App.1985) (holding an appeal from a circuit court order remanding a workers' compensation case for the purpose of making specific findings of fact is interlocutory and not reviewable by the court of appeals); Owens v. Canal Wood Corp., 281 S.C. 491, 491-92, 316 S.E.2d 385, 385 (1984) (holding the order of the circuit court did not involve the merits of the action and was therefore interlocutory and not...

To continue reading

Request your trial
18 cases
  • Bone v. U.S. Food Serv., 27278.
    • United States
    • United States State Supreme Court of South Carolina
    • June 26, 2013
    ...this same framework to determine when an order of the circuit court is not appealable. For example, in Foggie v. General Electric Co., 376 S.C. 384, 656 S.E.2d 395 (Ct.App.2008), the circuit court held the full commission's finding of permanent total disability rested, at least in part, on ......
  • Bone v. U.S. Food Serv. & Indem. Ins. Co. of N. Am., Appellate Case No. 2010-171946
    • United States
    • United States State Supreme Court of South Carolina
    • June 26, 2013
    ...this same framework to determine when an order of the circuit court is not appealable. For example, in Foggie v. General Electric Corp., 376 S.C. 384, 656 S.E.2d 395 (Ct. App. 2008), the circuit court held the full commission's finding of permanent total disability rested, at least in part,......
  • Bone v. U.S. Food Serv.
    • United States
    • United States State Supreme Court of South Carolina
    • August 1, 2012
    ...this same framework to determine when an order of the circuit court is not appealable. For example, in Foggie v. General Electric Corp., 376 S.C. 384, 656 S.E.2d 395 (Ct.App.2008), the circuit court held the full commission's finding of permanent total disability rested, at least in part, o......
  • Long v. Sealed Air Corp..
    • United States
    • Court of Appeals of South Carolina
    • January 26, 2011
    ...followed Montjoy when deciding the appealability of circuit court orders in workers' compensation cases. See, e.g., Foggie v. Gen. Elec., 376 S.C. 384, 388, 656 S.E.2d 395, 398 (Ct.App.2008) (quoting above passage from Montjoy in holding remand order unappealable). However, we have distingu......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT