Clark v. Pyramid Masonry

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

James Clark, Jr., Appellant,

v.

Pyramid Masonry Contractors, Inc., Employer and Hartford Fire
Insurance Company, Carrier, Respondents.

Appeal from Fairfield County

Brooks P. Goldsmith, Circuit Court Judge

Unpublished Opinion No.  2010-UP-332

Submitted June 1, 2010 - Filed June 28,
2010

REMANDED

Barry
B. George, of Columbia, for Appellant.

Richard
B. Kale, Jr., of Greenville, for Respondents.

PER
CURIAM:  In
this workers' compensation action, James Clark appeals the denial of his claim
for benefits arising out of injuries sustained in a motor vehicle accident
while traveling to a job site for his employer, Pyramid Masonry Contractors
(Pyramid).  Here, the Workers' Compensation Commission (Commission) and the
circuit court declined to address the effect of the findings and award of
benefits to Clark's co-worker, Joey Horton, for injuries arising out of the
same incident and under similar circumstances, reasoning that the decision in
Horton's case was under appeal and was, therefore, not a final, valid judgment
on the merits.  Because the award of benefits to Horton was affirmed by this
Court and has become a final decision, we find it appropriate to remand[1] the case to allow the Commission to consider Horton v. Pyramid Masonry
Contractors, Inc., Op. No. 2008-UP-208 (S.C. Ct. App. filed March 27, 2008).  See S.C. Code Ann. 1-23-380(5) (Supp. 2009) ("The court may affirm
the decision of the agency or remand the case for further
proceedings.") (emphasis added).  On remand, the Commission shall also
make findings of fact and conclusions of law on the issue of actual or apparent
authority and the effect thereof.

REMANDED.

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

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