Richardson v. Yuasa Exide, Inc.

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Stella Mae Richardson, Appellant,

v.

Yuasa Exide, Inc., Employer, and Great American
Insurance Company of NY, Carrier, Defendants,

Of which Yuasa Exide, Inc., Employer, is the
Respondent.

Appellate Case No. 2017-001804

Appeal From the Workers' Compensation Commission

Unpublished Opinion No. 2019-UP-407
Submitted November 1, 2019 – Filed December 31, 2019

DISMISSED

Stella Mae Richardson, of Dalzell, pro se.

Robert Pruitt Gruber, Stephen Lynwood Brown, and
Catherine Holland Chase, all of Young Clement Rivers
of Charleston, for Respondent.
PER CURIAM: Stella Mae Richardson appeals the decision of the Workers'
Compensation Commission (the Commission) denying her petition to reopen her
case.

Appeals from the Commission for injuries occurring prior to July 1, 2007 are
proper before the court of common pleas of the county in which the injury
occurred. S.C. Code Ann. § 42-17-60 (Supp. 2006); see also Pee Dee Reg. Transp.
v. S.C. Second Injury Fund, 375 S.C. 60, 62, 650 S.E.2d 464, 465 (2007) (holding
the amended appellate procedure of Section 42-17-60 of the South Carolina Code
(2007), requiring appeals from the Commission be made to the South Carolina
Court of Appeals, applies to injuries sustained on or after the effective date of the
amended statute, July 1, 2007). Here, Richardson alleged injuries based on her
excessive exposure to lead while working at Respondent's plant in Sumter. The
record indicates Richardson did not return to Respondent's plant after November
10, 1997. Because the alleged injury occurred prior to July 1, 2007, Richardson's
appeal should have been filed in the court of common pleas. See S.C. Code Ann. §
42-17-60 (Supp. 2006). Because this court lacks appellate jurisdiction, this appeal
is dismissed.

APPEAL DISMISSED. 1

SHORT, THOMAS, and GEATHERS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.