Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2011-UP-122 - Baldwin v. Whitaker Container Services

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

Ronald Baldwin, Claimant, Respondent,

v.

Whitaker Container Services, Inc., and Rockwood Casualty Insurance Co., Defendants,

Of Whom Rockwood Casualty Insurance Co. is the Appellant.


Appeal From Richland County
Alison Renee Lee, Circuit Court Judge


Unpublished Opinion No. 2011-UP-122  
Submitted March 1, 2011 – Filed March 24, 2011


APPEAL DISMISSED


Allison Molony Carter, of Charleston, for Appellant.

Jerry Leo Finney, of Columbia, for Respondent.

PER CURIAM:  Rockwood Casualty Insurance Co. appeals the order of the circuit court (1) reversing the finding of the Workers' Compensation Commission that Ronald Baldwin is not entitled to permanent total disability benefits and (2) remanding "for further proceedings to make appropriate findings of fact and conclusions of law regarding [a] functional capacity evaluation . . . and [a] report of vocational evaluation."  We dismiss[1] this appeal as not immediately appealable pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 1-23-380 (Supp. 2010) (providing judicial review to parties "aggrieved by a final decision"); Long v. Sealed Air Corp., Op. No. 4783 (S.C. Ct. App. filed Jan. 26, 2011) (Shearouse Adv. Sh. No. 4 at 57) (holding that a decision of the circuit court remanding a workers' compensation case for further investigation was not immediately appealable).

APPEAL DISMISSED.

FEW, C.J., and THOMAS and KONDUROS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.