Does a petition for the South Carolina Workers’ Compensation Appellate Panel to reconsider its decision toll the time to further appeal? The state Supreme Court will decide on its review of Rhame v. Charleston County School District, 399 S.C. 477, 732 S.E.2d 202 (Ct.App. 2012). Continue reading
The SC Court of Appeals held last week that notices of appeal from the South Carolina Workers Compensation Commission do not need to state the grounds for the appeal. Continue reading
South Carolina appeals generally oust a trial judge’s jurisdiction. This makes sense if the appeal is from a final judgment because there is little left for the trial judge to do. But even then the trial court still has a say on when the judgment becomes enforceable, and retains an even greater say when the appeal is interlocutory.
Say your client lost on summary judgment and you moved to reconsider. You know that the motion is a long shot, and now want to withdraw it so that you may go ahead and appeal. But you are concerned that withdrawing the motion means that you lose the motion’s normal tolling effect on the time to appeal. Do you? Continue reading
Almost all post-2007 notices of appeal in South Carolina workers compensation cases are defective. I know, I know, it is a bold statement. But the workers comp statute says what it says, and it says, “Notice of Appeal must state the grounds of the appeal or the alleged errors of law.” S.C. Code Ann. § 42-17-60. Hardly any do.
To understand why, a brief look at the workers comp statute and the Administrative Procedures Act is helpful. Continue reading