Williams v. South Carolina Dept. of Wildlife, No. 22712
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | NESS; GREGORY and FINNEY, JJ., and RODNEY A. PEEPLES; CHANDLER; PER CURIAM |
| Citation | 367 S.E.2d 418,295 S.C. 98 |
| Parties | Josephine E. WILLIAMS, Appellant, v. SOUTH CAROLINA DEPARTMENT OF WILDLIFE and State Workers' Compensation Fund, Respondents. . Heard |
| Decision Date | 17 February 1987 |
| Docket Number | No. 22712 |
Page 418
v.
SOUTH CAROLINA DEPARTMENT OF WILDLIFE and State Workers'
Compensation Fund, Respondents.
Decided April 27, 1987.
Rehearing Denied Sept. 28, 1987.
Donald E. Jonas, Columbia, for appellant.
E. Ros Huff, Jr. of State Workers' Compensation Fund, Columbia, for respondents.
NESS, Chief Justice:
This is an appeal from an order dismissing appellant Williams' petition for judicial review of a decision of the Industrial Commission. We affirm.
Williams was employed as a marine biologist with the Department of Wildlife in Charleston. In 1983, she filed a claim for workers' compensation benefits, alleging the prolonged immersion of her hands and feet in cold water had caused total and permanent disability because of damage to [295 S.C. 99] her vascular system. The single commissioner denied compensation, finding the injury did not arise out of and in the course of Williams' employment and also that Williams had not timely filed her claim. The full Commission affirmed in a split decision.
Williams filed a petition for judicial review in Fairfield County, where she had moved after terminating her employment. The Department moved to dismiss, alleging the petition was filed in the wrong county and also that it did not meet the requirements of the Administrative Procedures Act. The trial judge granted the motion on both grounds. We granted Williams' petition to argue against the precedent of Chitty v. Allied Chemical Co. and Travelers Insurance Company, 285 S.C. 106, 328 S.E.2d 476 (1985) and Hedgepath v. Stanley Home Products, Inc., 265 S.C. 248, 217 S.E.2d 782 (1975).
The Workers' Compensation Act provides that appeals of decisions of the Industrial Commission must be brought in the county where the alleged accident occurred or in which the employer resides or has his principal office. S.C.Code Ann. § 42-17-60 (1985). In 1975, this Court relied upon the predecessor of § 42-17-60 to affirm the dismissal of a petition for judicial review brought in Richland County, when the accident occurred in Orangeburg County and the employer had no principal office in Richland County. Hedgepath v. Stanley Home Products, Inc., supra. Ten years later, in Chitty v. Allied Chemical Co., supra., the Court reaffirmed its holding in Hedgepath.
Williams argues that Hedgepath, while correct when decided, has been overruled by the...
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Al-Shabazz v. State, No. 24995.
...nor unreasonable, and provided that no statute controls venue in a particular type of case. Williams v. South Carolina Dep't of Wildlife, 295 S.C. 98, 99, 367 S.E.2d 418, 419 (1987), overruled on other grounds, Dove v. Gold Kist, Inc., 314 S.C. 235, 442 S.E.2d 598 (1994); 1972 Capri v. Sout......
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Dove v. Gold Kist, Inc., No. 24034
...from the Workers' Compensation Commission if it determines the venue is incorrect. Williams v. South Carolina Department of Wildlife, 295 S.C. 98, 367 S.E.2d Page 600 418 (1987); Chitty v. Allied Chemical Co., 285 S.C. 106, 328 S.E.2d 476 (1985). We granted Dove's motion to argue against th......
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Pringle v. Builders Transport, No. 23042
...provisions of the APA and the Workers' Compensation Act conflict, the APA controls. Williams v. South Carolina Department of Wildlife, 295 S.C. 98, 367 S.E.2d 418 Accordingly, the order of the circuit court is REVERSED. HARWELL, CHANDLER, FINNEY and TOAL, JJ., concur. --------------- 1 S.C.......
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Al-Shabazz v. State, No. 24995.
...nor unreasonable, and provided that no statute controls venue in a particular type of case. Williams v. South Carolina Dep't of Wildlife, 295 S.C. 98, 99, 367 S.E.2d 418, 419 (1987), overruled on other grounds, Dove v. Gold Kist, Inc., 314 S.C. 235, 442 S.E.2d 598 (1994); 1972 Capri v. Sout......
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Dove v. Gold Kist, Inc., No. 24034
...from the Workers' Compensation Commission if it determines the venue is incorrect. Williams v. South Carolina Department of Wildlife, 295 S.C. 98, 367 S.E.2d Page 600 418 (1987); Chitty v. Allied Chemical Co., 285 S.C. 106, 328 S.E.2d 476 (1985). We granted Dove's motion to argue against th......
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Pringle v. Builders Transport, No. 23042
...provisions of the APA and the Workers' Compensation Act conflict, the APA controls. Williams v. South Carolina Department of Wildlife, 295 S.C. 98, 367 S.E.2d 418 Accordingly, the order of the circuit court is REVERSED. HARWELL, CHANDLER, FINNEY and TOAL, JJ., concur. --------------- 1 S.C.......