CourtListener 10137947•Simpson v. Omnova Solutions
Full text
THIS OPINION HAS NO PRECEDENTIAL VALUE
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD
NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED
BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Linda C. Simpson, Employee,
Respondent,
v.
Omnova Solutions, Inc., Employer, and Pacific Employers Insurance Company,
Carrier, Appellants.
Appeal From Chester County
Kenneth G. Goode, Circuit Court Judge
Unpublished Opinion No. 2004-UP-635
Submitted October 1, 2004 Filed December
16, 2004
AFFIRMED
W. Hugh McAngus, of Columbia, for Appellant.
William T. Toal and Luther J. Battiste, III, both of Columbia, for Respondent.
PER CURIAM: The appellate panel of the Workers Compensation Commission
issued a default order pursuant to 25A S.C. Code Ann. Regs. 67-709 (2003) affirming
the single commissioners decision that Linda Simpsons claim against Omnova
Solutions, Inc. was compensable. The order stated that upon inspection of the
vote sheets that two of the three panel members registered intent within
ten days [to vote] but did not officially vote by checking a vote category
. . . [and] there is no appropriate category for soliciting additional evidence
and holding issues in abeyance. The circuit court affirmed, concluding the
appellate panel failed to register a vote on Simpsons claim within the time
prescribed by its own regulations and was therefore deemed to have affirmed
the decision of the single commissioner. Omnova Solutions and its insurance
carrier, Pacific Employers Insurance Company, appeal.
We affirm [1] pursuant to Rule
220(b)(2), SCACR, and the following authorities: 25A S.C. Code Ann. Regs. 67-709(C)
(2003) (The Commissioners reviewing a case may confer and shall vote within
ten days of the date of review.); 25A S.C. Code Ann. Regs. 67-709(F) (2003)
(If a Commissioner fails to register a vote within the periods referred to
above, the Commissioner is deemed to have registered a vote affirming the Hearing
Commissioner and may not vote otherwise.); Byerly v. Conner, 307 S.C.
441, 444, 415 S.E.2d 796, 799 (1992) (stating an appellate court will give a
regulations terms their plain and ordinary meaning and may not resort to a
forced interpretation to limit or expand the regulations operation); Goodman v.
City of Columbia, 318 S.C. 488, 491, 458 S.E.2d 531 (1995) (stating the
commissions decision interpreting its own regulations is given great deference);
Brown v. South Carolina Dept of Health & Envtl. Control, 348 S.C.
507, 560 S.E.2d 410 (2002) (recognizing the court generally gives deference
to an administrative agencys interpretation of an applicable statute or its
own regulation and will reject the agencys interpretation only when the plain
language of the statute is contrary to that interpretation).
AFFIRMED.
STILWELL, BEATTY, and WILLIAMS, JJ., concur.
[1]
We decide this case without oral argument, pursuant to Rule 215, SCACR.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.