Supreme Court of South Carolina

Thomas Chad Hilton, Claimant, Petitioner v. Flakeboard America Limited, Employer, and Liberty Mutual Insurance…

October 12, 2016418 S.C. 245

Summary

The Supreme Court of South Carolina held that the Workers' Compensation Commission’s interlocutory order was immediately appealable under S.C. Code Ann. § 1‑23‑380(A) because waiting for a final decision would not provide an adequate remedy. Accordingly, it vacated the Court of Appeals’ dismissal and remanded for the Commission to consider only the 102 specific exceptions raised by Flakeboard. Justice Kittredge, in a concurring opinion, argued that the decision conflicts with Bone v. U.S. Food Service.