Easthagen v. Palmetto Ambulance

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

Pamela Easthagen, Respondent,

v.

Palmetto Ambulance Service, Appellant,

Appellate Case No. 2011-183926

Appeal From Greenville County
Robin B. Stilwell, Circuit Court Judge

Memorandum Opinion No. 2012-UP-556
Heard September 12, 2012 – Filed October 17, 2012

APPEAL DISMISSED

Darryl D. Smalls, of Columbia, for Appellant.

Larry A. Welborn, Standeffer & Harbin, LLP, of
Anderson, C. Roland Jones, Jones & Hendrix, PA, of
Spartanburg, Peter H. Dworjanyn, Collins & Lacy, PC, of
Columbia, for Respondent.

PER CURIAM: Palmetto Ambulance Services appeals the circuit court's decision
to affirm the Workers' Compensation Commission's appellate panel, which found
Easthagen did not settle her workers' compensation claim pursuant to a settlement
agreement and remanded the case to a single commissioner for a hearing on the
merits. We find that neither the appellate panel's order nor the circuit court's order
is immediately appealable. See S.C. Code Ann. § 1-23-380 (Supp. 2011) ("A party
. . . who is aggrieved by a final decision [of the commission] in a contested case is
entitled to judicial review."); S.C. Code Ann. § 1-23-390 (Supp. 2011) ("An
aggrieved party may obtain a review of a final judgment of the circuit court . . . .").
Therefore, we dismiss the appeal and remand to the commission to carry out the
appellate panel's order.

APPEAL DISMISSED.

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