Hilton v. Flakeboard America Limited

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Petitioner Thomas Hilton suffered an admittedly compensable injury as the result of an insect or spider bite. The present dispute centered on whether he required further medical treatment to reach maximum medical improvement (MMI). The single commissioner agreed with Hilton on the merits, finding he had not reached MMI, and further that any misrepresentations he had made during the life of his claim were a result of a serious cognitive deficit from a previous brain injury. The South Carolina Supreme Court granted certiorari to review an order of the Court of Appeals dismissing Hilton's appeal of an admittedly interlocutory order of the South Carolina Workers' Compensation Commission's Appellate Panel (the Commission). Hilton argued the Commission's interlocutory order vacating and remanding the Workers' Compensation Commission's single commissioner's order was immediately appealable pursuant to S.C. Code Ann. ยง 1-23-380(A) (Supp. 2015). The Supreme Court agreed, under these unusual facts, that review of the final agency decision would not provide Hilton with an adequate remedy, and he was therefore entitled to an immediate appeal. Determining whether review of the final agency decision would give Hilton an adequate remedy required the Court to reach the underlying merits of the Commission's order, and since it concluded that the order could not stand, the Court of Appeals' order was vacated and the case remanded back to the Commission. View "Hilton v. Flakeboard America Limited" on Justia Law