Autrey v. North Bros.

328 S.E.2d 624, 285 S.C. 121, 1985 S.C. LEXIS 375

• Court: Supreme Court of South Carolina
• Decided: April 3, 1985
• Docket: 22274
• Status: Published

Opinions

Gregory, Justice:

This consolidated appeal presents the issue of whether the Industrial Commission has jurisdiction to approve a third party settlement under S. C. Code Ann. § 42-1-560(f) when the petitioning employees have no present disability compensable under the Occupational Disease Act. The Commission ruled there was not jurisdiction, and the employees appeal. We dismiss.

In a related case before this Court, Talley v. John-Mansfield, et al., 328 S. E. (2d) 621 (1985), we determined that refusal to grant a stay of the third party actions was an abuse of discretion. Since a stay has been ordered, the present dispute is now moot.¹

Appeal dismissed.

Harwell, and Chandler, JJ., and Alexander M. Sanders, Jr., Acting Associate Justice, concur. Littlejohn, C. J., dissenting.

1 At oral argument, counsel for appellants stated that a grant of relief in either this case or Talley, would protect appellants’ interest in both matters.