Callahan v. Beaufort County School District

Justice PLEICONES:

This is a workers’ compensation appeal. The single commissioner denied workers’ compensation benefits due to the claimant’s failure to provide notice of her third-party suit as required by S.C.Code Ann. § 42-l-560(b) (1985). The full commission affirmed, and claimant appealed to the circuit court. The circuit court reversed, holding that the lack of notice had not prevented the “equitable adjustment of the rights of all the parties” because the third-party suit never reached a final determination on the merits. Beaufort County School District (“Employer”) appealed, and we…