Lark v. Bi-Lo, Inc., BI-L

CourtSouth Carolina Supreme Court
Writing for the CourtLEWIS
Citation276 S.E.2d 304,276 S.C. 130
Decision Date12 March 1981
Docket NumberBI-L,No. 21410,INC
PartiesJarelle J. LARK, Respondent, v.and American Mutual Liability Insurance Company, Appellants.

Page 304

276 S.E.2d 304
276 S.C. 130
Jarelle J. LARK, Respondent,
v.
BI-LO, INC. and American Mutual Liability Insurance Company,
Appellants.
No. 21410.
Supreme Court of South Carolina.
March 12, 1981.

Page 305

[276 S.C. 131] Ernest J. Nauful, Jr., of Nauful & Lacy, Columbia, for appellants.

C. LaVaun Fox, Aiken, for respondent.

LEWIS, Chief Justice:

This Workmen's Compensation case raises two questions for consideration: (1) whether or not the Administrative Procedures Act (Section 1-23-310 et seq., South Carolina Code of Laws, 1976) requires a change in the scope of judicial review of factual determinations by the Industrial Commission; and (2) the sufficiency of the evidence in this case to support the Commission's award in favor of the respondent-claimant. The appeal is from an order of the lower court affirming the award of the Commission. We affirm.

Initially, appellant argues that the adoption of the Administrative Procedures Act modified the previous judicial scope of review for hearings involving Workmen's Compensation because "agency" as defined by Code Section 1-23-310 includes the Industrial Commission. It concludes that the lower court erred by failing to apply this new standard, [276 S.C. 132] which, it argues, would have required reversal of the Commission.

We think it proper, at the outset, to have in mind the two standards for judicial review, with which we are here dealing.

Our current Workmen's Compensation statute and its corresponding provision as to judicial review had its genesis in 1936.

Section 42-17-60, South Carolina Code of Laws, 1976, currently codifies the originally enacted provision concerning appeals to the judiciary in Workmen's Compensation cases. This section was originally applied in Murdaugh v. Robert Lee Construction Co., 185 S.C. 497, 194 S.E. 447, as rendering an award of the Industrial Commission conclusive and binding on judicial review as to all questions of fact, if such factual findings are supported by any competent evidence. This court has consistently been governed, in its review of Workmen's Compensation cases, by the principle that an award of the Commission must be affirmed if there is any evidence to support it.

Appellant contends, however, that the previous statutory provisions relating to the scope of review in Workmen's Compensation cases have been, in effect, repealed and superseded by the Administrative Procedures Act.

The Administrative Procedures Act, relied upon by appellant, was originally enacted in 1977. It purports to provide uniform procedures before State Boards and Commissions and for judicial review after the exhaustion of administrative remedies. Section 1-23-380(g) concerns the scope of judicial review and provides:

(g) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on the questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may [276 S.C. 133] reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

The Administrative Procedures Act, therefore, establishes the "substantial evidence" rule as the standard for judicial review of decisions of the Boards and Commissions coming within its terms; while the previous standard for review of awards of the Industrial Commission is that of "any evidence." Upon review of the two standards for judicial review, it is apparent that the newly enacted section in the Administrative Procedures Act is a grant of greater appellate authority to the courts, and that the two are to a great degree inconsistent.

Page 306

We must, therefore, determine whether the scope of judicial review as set forth in the Administrative Procedures Act is applicable to review of awards of the Industrial Commission.

Section 1-23-310(1) of the Administrative Procedures Act...

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513 practice notes
  • Hall v. United Rentals, Inc., No. 4166.
    • United States
    • Court of Appeals of South Carolina
    • October 23, 2006
    ...Act (APA) establishes the standard for judicial review of decisions of the Workers' Compensation Commission. Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981); Hargrove v. Titan Textile Co., 360 S.C. 276, 599 S.E.2d 604 (Ct.App.2004). Section 1-23-380(A)(5) instructs that a reviewing......
  • Thompson ex rel. Harvey v. Cisson Const., No. 4339.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2008
    ...Administrative Procedures Act governs judicial review of a decision of the workers' compensation commission." Lark v. Bi-Lo, Inc., 276 S.C. 130, 134, 276 S.E.2d 304, 306 (1981); Bass v. Isochem, 365 S.C. 454, 467, 617 S.E.2d 369, 376 (Ct.App.2005) cert. dismissed as improvidently granted Au......
  • Coastal Conservation v. Dept. of Health, No. 4450.
    • United States
    • Court of Appeals of South Carolina
    • October 23, 2008
    ...691, 694 (Ct.App.2007); Hall v. United Rentals, Inc., 371 S.C. 69, 78-79, 636 S.E.2d 876, 881 (Ct. App.2006) (citing Lark v. Bi-Lo, Inc., 276 S.C. 130, 135, 276 S.E.2d 304, 306 (1981); Hargrove v. Titan Textile Co., 360 S.C. 276, 288, 599 S.E.2d 604, 610 (Ct.App.2004)). Decisions of the ALC......
  • Hall v. Desert Aire, Inc., No. 4324.
    • United States
    • Court of Appeals of South Carolina
    • December 20, 2007
    ...Act (APA) establishes the standard for judicial review of decisions of the Workers' Compensation Commission. Lark v. Bi-Lo, Inc., 276 S.C. 130, 134, 276 S.E.2d 304, 306 (1981); Gray v. Club Group, Ltd., 339 S.C. 173, 182, 528 S.E.2d 435, 440 (Ct. App.2000) (cent denied); Hargrove v. Titan T......
  • Request a trial to view additional results
513 cases
  • Hall v. United Rentals, Inc., No. 4166.
    • United States
    • Court of Appeals of South Carolina
    • October 23, 2006
    ...Act (APA) establishes the standard for judicial review of decisions of the Workers' Compensation Commission. Lark v. Bi-Lo, Inc., 276 S.C. 130, 276 S.E.2d 304 (1981); Hargrove v. Titan Textile Co., 360 S.C. 276, 599 S.E.2d 604 (Ct.App.2004). Section 1-23-380(A)(5) instructs that a reviewing......
  • Thompson ex rel. Harvey v. Cisson Const., No. 4339.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2008
    ...Administrative Procedures Act governs judicial review of a decision of the workers' compensation commission." Lark v. Bi-Lo, Inc., 276 S.C. 130, 134, 276 S.E.2d 304, 306 (1981); Bass v. Isochem, 365 S.C. 454, 467, 617 S.E.2d 369, 376 (Ct.App.2005) cert. dismissed as improvidently granted Au......
  • Coastal Conservation v. Dept. of Health, No. 4450.
    • United States
    • Court of Appeals of South Carolina
    • October 23, 2008
    ...691, 694 (Ct.App.2007); Hall v. United Rentals, Inc., 371 S.C. 69, 78-79, 636 S.E.2d 876, 881 (Ct. App.2006) (citing Lark v. Bi-Lo, Inc., 276 S.C. 130, 135, 276 S.E.2d 304, 306 (1981); Hargrove v. Titan Textile Co., 360 S.C. 276, 288, 599 S.E.2d 604, 610 (Ct.App.2004)). Decisions of the ALC......
  • Hall v. Desert Aire, Inc., No. 4324.
    • United States
    • Court of Appeals of South Carolina
    • December 20, 2007
    ...Act (APA) establishes the standard for judicial review of decisions of the Workers' Compensation Commission. Lark v. Bi-Lo, Inc., 276 S.C. 130, 134, 276 S.E.2d 304, 306 (1981); Gray v. Club Group, Ltd., 339 S.C. 173, 182, 528 S.E.2d 435, 440 (Ct. App.2000) (cent denied); Hargrove v. Titan T......
  • Request a trial to view additional results

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