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Davis v. La-Z-Boy Chair Co.
Citations: 287 S.C. 121; 337 S.E.2d 238; 1985 S.C. App. LEXIS 472Docket: 0575
Court: Court of Appeals of South Carolina; November 12, 1985; South Carolina; State Appellate Court
In a workers’ compensation case, La-Z-Boy Chair Company appealed an order from the Circuit Court that reversed and remanded the case to the full Industrial Commission, instructing them to make specific findings of fact and conclusions of law. The appeal was dismissed without prejudice. The court referenced previous rulings from the Supreme Court, which established that a Circuit Court order remanding a workers’ compensation case for additional testimony does not address the merits of the action, rendering it interlocutory and non-reviewable due to lack of finality. This principle was reinforced by citing cases such as Owens v. Canal Wood Corp. and Hunt v. Whitt, which overruled any cases that might suggest otherwise, including Drake v. Raybestos-Manhattan, Inc. The court emphasized that the appealability of the Circuit Court order does not depend on whether the parties raised the issue, as demonstrated in the Chastain ruling. Thus, the appeal was dismissed without prejudice, with Judges Gardner and Cureton concurring.