Morgan v. SC Bank and Trust ( 2014 )

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
Carmen Morgan, Appellant,
v.
South Carolina Bank and Trust, Employer, and
Cincinnati Insurance Company, Carrier, Respondents.
Appellate Case No. 2012-212897
Appeal From Richland County
DeAndrea G. Benjamin, Circuit Court Judge
Unpublished Opinion No. 2014-UP-007
Submitted November 1, 2013 – Filed January 8, 2014
VACATED
Everett H. Garner, of Holler, Garner, Corbett, Ormond,
Plante & Dunn, of Columbia, for Appellant.
Shannon Till Poteat and John Gabriel Coggiola, both of
Willson, Jones, Carter & Baxley, P.A., of Columbia, for
Respondent.
PER CURIAM: Carmen Morgan appeals the circuit court's order, which affirmed
the decision of the Appellate Panel of the Workers' Compensation Commission
(Appellate Panel). On appeal, Morgan argues the circuit court erred in finding: (1)
she failed to timely appeal the single commissioner's order; (2) the statute of
limitations barred her petition for a change of condition; (3) her hospitalization
from February 28, 2006, until May 16, 2006, was not due to a work-related injury;
and (4) she failed to prove a compensable change of condition. We vacate the
circuit court's order and the decision of the Appellate Panel.
We find the Appellate Panel lacked jurisdiction over this appeal because Morgan
failed to timely appeal to the Appellate Panel. To appeal a decision of the single
commissioner, a party must file a Form 30 notice of appeal within fourteen days of
receiving notice of the single commissioner's order. See S.C. Code Ann.
§ 42-17-50 (Supp. 2012); 25A S.C. Code Ann. Regs. 67-701 (2012). The single
commissioner denied Morgan's petition for a change of condition by written order
on July 21, 2009; however, Morgan did not file a Form 30 appeal until October 1,
2009. Although Morgan filed a Rule 59(e), SCRCP, motion to reconsider with the
single commissioner on July 31, 2009, this motion did not toll the time for Morgan
to file a Form 30 because "[such] motions are not applicable before the
[c]ommission itself . . . ." Rhame v. Charleston Cnty. Sch. Dist., 399 S.C. 477,
482-83, 732 S.E.2d 202, 205 (Ct. App. 2012); see also id. at 483, 732 S.E.2d at
205 (finding a petition for rehearing is inapplicable to matters before the Appellate
Panel and, therefore, does not toll the time to file and serve a notice of appeal).
Therefore, Morgan's Form 30 was untimely, and the Appellate Panel lacked
appellate jurisdiction over the appeal. See Allison v. W.L. Gore & Assocs., 394
S.C. 185, 189, 714 S.E.2d 547, 550 (2011) (finding the Appellate Panel lacked
appellate jurisdiction when an appellant failed to file a Form 30 within fourteen
days after receiving notice of the single commissioner's order).
Although the Appellate Panel correctly found Morgan's appeal was untimely, it
erred by not dismissing the appeal for lack of jurisdiction. Likewise, the circuit
court erred in not vacating the portions of the Appellate Panel's decision that
addressed the merits. Accordingly, we vacate the circuit court's order and the
decision of the Appellate Panel.1 See id. (vacating the circuit court's order and the
Appellate Panel's decision when a party failed to timely appeal to the Appellate
Panel).
VACATED.2
1
In light of our decision, we do not address the remaining issues.
2
We decide this case without oral argument pursuant to Rule 215, SCACR.
SHORT, WILLIAMS, and THOMAS, JJ., concur.