Baldwin v. Whitaker Container Services

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

Ronald Baldwin,
Claimant, Respondent,

v.

Whitaker
Container Services, Inc., and Rockwood Casualty Insurance Co., Defendants,

Of Whom Rockwood
Casualty Insurance Co. is the Appellant.

Appeal From Richland County

Alison Renee Lee, Circuit Court Judge

Unpublished Opinion No. 2011-UP-122  

Submitted March 1, 2011 – Filed March 24,
2011

APPEAL DISMISSED

Allison Molony Carter, of Charleston, for Appellant.

Jerry Leo Finney, of Columbia, for Respondent.

PER CURIAM:  Rockwood
Casualty Insurance Co. appeals the order of the circuit court (1) reversing the
finding of the Workers' Compensation Commission that Ronald Baldwin is not entitled
to permanent total disability benefits and (2) remanding "for further
proceedings to make appropriate findings of fact and conclusions of law
regarding [a] functional capacity evaluation . . . and [a] report of vocational
evaluation."  We dismiss[1] this appeal as not immediately appealable pursuant to Rule 220(b)(1), SCACR, and
the following authorities: S.C. Code Ann. § 1-23-380 (Supp. 2010) (providing
judicial review to parties "aggrieved by a final decision"); Long
v. Sealed Air Corp., Op. No. 4783 (S.C. Ct. App. filed Jan. 26, 2011) (Shearouse
Adv. Sh. No. 4 at 57) (holding that a decision of the circuit court remanding a
workers' compensation case for further investigation was not immediately
appealable).

APPEAL DISMISSED.

FEW, C.J., and
THOMAS and KONDUROS, JJ., concur.

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