Autrey v. North Bros.

Gregory, Justice:

This consolidated appeal presents the issue of whether the Industrial Commission has jurisdiction to approve a third party settlement under S. C. Code Ann. § 42-1-560(f) when the petitioning employees have no present disability compensable under the Occupational Disease Act. The Commission ruled there was not jurisdiction, and the employees appeal. We dismiss.

In a related case before this Court, Talley v. John-Mansfield, et al., 328 S. E. (2d) 621 (1985), we determined that refusal to grant a stay of the third party actions was an abuse of discretion. Since a stay has been…