Legal Opinion

Russell v. Wal-Mart Stores, Inc.

Supreme Court of South Carolina

Decided April 3, 2019No. Appellate Case 2018-000354; Opinion 27875PublishedCited by 6 opinions

1Opinion of the Court

JUSTICE FEW :

**283 An appellate panel of the workers' compensation commission remanded Paula Russell's change of condition claim to a single commissioner for what would be a third ruling on the same claim. Russell appealed the remand order to the court of appeals, which dismissed the appeal on the ground the order was not a final decision, and thus not immediately appealable. We find the remand order is immediately appealable because the commission's unwarranted delay in making a final decision requires immediate review to avoid leaving Russell with no adequate remedy on an appeal from a…

2Cases cited12 opinions

  1. Wigfall v. Tideland Utilities, Inc.Supreme Court of South Carolina · 2003
  2. Peay v. U.S. Silica Co.Supreme Court of South Carolina · 1993
  3. Charlotte-Mecklenburg Hospital Authority v. South Carolina Department of Health & Environmental ControlSupreme Court of South Carolina · 2010
  4. James v. ANNE'S INC.Supreme Court of South Carolina · 2010
  5. Bone v. U.S. Food ServiceSupreme Court of South Carolina · 2013

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3Cited by6 opinions

  1. Cothran v. State Farm Mut. Auto. Ins. Co.Supreme Court of South Carolina · 2019
  2. Ashford v. Prysmian Power Cables & Sys., USACourt of Appeals of South Carolina · 2019
  3. Gena Davis v. SCDCSupreme Court of South Carolina · 2024
  4. Paula Russell v. Wal-Mart Stores, Inc.Supreme Court of South Carolina · 2025
  5. Tucker v. S.C. Dep't of Transp.Supreme Court of South Carolina · 2019

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