Howard v. Owen Steel Co.

Gregory, Chief Justice:

This is a workers’ compensation case. The issue for our determination is whether S.C. Code Ann. § 42-3-20 (1985) allows a two-to-one vote by a three-member panel to reverse the decision of a hearing commissioner. We hold it does and affirm.

*305Section 42-3-20 provides in pertinent part:

Full Commission reviews shall be conducted by six commissioners only, with the original hearing commissioner not sitting at such reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the Commission, reviews may be conducted by the five remaining commissioners but…