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2010-UP-332 - 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Unpublished Opinion No.  2010-UP-332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.