Talley v. John-Mansville Sales Corp.

Gregory, Justice:

This is a consolidated appeal arising from several products liability actions against various asbestos manufacturers. The cases are approaching trial and settlement negotiations are taking place.

Appellants moved before the Industrial Commission under S. C. Code § 42-1-560(f) to have settlement offers approved. The Industrial Commission refused to approve the settlements, ruling they had no jurisdiction because appellants were not yet disabled.

Had appellants concluded their products liability actions, by settlement or otherwise, they would have made a binding election of…