Fisher v. South Carolina Department of Mental Retardation-Coastal Center

Ness, Justice:

Appellant, Fisher, seeks additional benefits under South Carolina Workmen s Compensation Law after making a compromise settlement with a third-party tort-feasor without the consent of the carrier. The single commissioner, full commission, and circuit court agree the claimant, Fisher, elected a remedy against a third party without compliance with § 42-1-560 of the S. C. Code of Laws (1976), and, having done so, has no further remedy under the South Carolina Workmen’s Compensation Act. We agree and affirm.

Fisher was injured in a fall at a Sears, Roebuck & Company store while…