Bartley v. Bartley Logging Co.

I respectfully dissent. In my opinion, the statutory amendment was remedial in nature and therefore may be applied retroactively. I would reverse.

At the time of appellant’s injury, the provisions of S. C. Code Ann. Section 42-9-10 (1976) provided benefits not to exceed 500 weeks. Approximately a year after appellant’s injury, the statute was amended to permit lifetime benefits.

As a general rule, statutes are to be applied prospectively only unless the statute clearly indicates otherwise or unless the statute is remedial or procedural in nature. Oehler v. Clinton, 282 S. C. 25, 317 S. E. (2d)…