Pee Dee Regional Transportation v. S.C. Second Injury Fund
| Decision Date | 24 August 2007 |
| Citation | 650 S.E.2d 464 |
| Court | South Carolina Supreme Court |
| Parties | PEE DEE REGIONAL TRANSPORTATION, Employer, and State Accident Fund, Appellants, v. S.C. SECOND INJURY FUND, Respondent, In re Clinton Gaskins, Jr., Employee/Claimant, v. Pee Dee Regional Transportation, Employer, and State Accident Fund, Carrier. |
On July 13, 2007, appellants served and filed a notice of appeal in the Court of Appeals and with the Florence County Clerk of Court from an order of the South Carolina Workers' Compensation Commission dated June 20, 2007. The appeal pending before the Court of Appeals was certified to this Court pursuant to Rule 204(b), SCACR, by order dated August 3, 2007. Appellants have now filed a Motion to Determine Jurisdiction and Alternatively for an Extension of Time to File Appellants' Initial Brief. Therein, appellants ask this Court to make a determination as to the proper jurisdiction for this appeal.
S.C.Code Ann. § 42-17-60 (Supp.2006) previously provided that an appeal from a decision of the Workers' Compensation Commission shall be to the Court of Common Pleas in the county in which the alleged accident occurred or in which the employer resides or has his principal office. On June 25, 2007, the statute was amended by 2007 Act No. 111 to require such appeals be made to the Court of Appeals. However, Part IV, Section 2 of Act 111 states the following: "Except as otherwise provided for in this act, this act takes effect July 1, 2007, or, if ratified after July 1, 2007, and except otherwise stated, upon approval by the Governor and applies to injuries that occur on or after this date." (Emphasis added).
The cardinal rule in interpreting Act 111 is to ascertain and effectuate the intent of the Legislature. Davis v. School Dist. of Greenville County, 374 S.C. 39, 647 S.E.2d 219 (2007). Where the language is plain and unambiguous, and conveys a clear and definite meaning, the rules of statutory interpretation are not needed and the Court has no right to impose another meaning. State v. Pittman, 373 S.C. 527, 647 S.E.2d 144 (2007).
The language of Act 111 is not ambiguous and clearly states that it applies only to injuries that occur on or after July 1, 2007. Therefore, the change regarding the appeal procedure, like all other provisions of the Act, is only applicable to Workers' Compensation cases in which the injury occurred on or after July 1, 2007.
The injury at issue in the case at hand occurred on January 30, 2002, clearly prior to ...
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Bone v. U.S. Food Serv.
...of Appeals for all injuries occurring on or after July 1, 2007. S.C.Code Ann. § 42–17–60 (Supp.2012); Pee Dee Reg'l Transp. v. S.C. Second Injury Fund, 375 S.C. 60, 650 S.E.2d 464 (2007). 2.Section 1–23–380 originally provided for review by the circuit court, but it was amended in 2006 to d......
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Bone v. U.S. Food Serv.
...to the circuit court. The change specifically to Commission cases was effective on July 1, 2007. Pee Dee Reg'l Transp. v. S.C. Second Injury Fund, 375 S.C. 60, 61–62, 650 S.E.2d 464, 465 (2007) (stating section 42–17–60 previously directed appeals from the Commission to the circuit court, b......
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...circuit court pursuant to Rule 204, SCACR, because this case accrued prior to July 1, 2007. See Pee Dee Reg'l Transp. v. S.C. Second Injury Fund, 375 S.C. 60, 62, 650 S.E.2d 464, 465 (2007) (holding that all workers' compensation cases in which the injury occurred on or after July 1, 2007, ......
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Colonna v. Marlboro Park Hosp.
...circuit court pursuant to Rule 204, SCACR, because this case accrued prior to July 1, 2007. See Pee Dee Reg'l Transp. v. S.C. Second Injury Fund, 375 S.C. 60, 62, 650 S.E.2d 464, 465 (2007) (holding that all workers' compensation cases in which the injury occurred on or after July 1, 2007, ......
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Workers Compensation Appeals
...to the court of appeals, bypassing the circuit court level); see also Pee Dee Reg’l Transp. v. S.C. Second Injury Fund, 375 S.C. 60, 650 S.E.2d 464 (2007) (providing for injuries occurring after July 1, 2007, appeals from the commission go directly to the court of appeals). [37] See Bone, 4......