Legal Opinion

Hudson v. Townsend Saw Chain Co.

Court of Appeals of South Carolina

Decided June 27, 1988No. 1186PublishedCited by 2 opinions

1Opinion of the Court

Goolsby, Judge:

The basic issue on appeal in this workers’ compensation case is whether the respondent Lelia P. Hudson’s prosecution of a third-party action to a final, but adverse, determination without giving notice to the Workers’ Compensation Commission, her employer, and her employer’s workers’ compensation carrier of the commencement of the action within 30 days after bringing the third-party action constituted an election of remedies, thus barring her from proceeding under the Workers’ Compensation Act against the appellants Townsend Saw Chain Company and its carrier, Aetna Casualty and…

2Cases cited5 opinions

  1. Lebak v. NelsonIdaho Supreme Court · 1940
  2. Fisher v. South Carolina Department of Mental Retardation-Coastal CenterSupreme Court of South Carolina · 1982
  3. Stroy v. Millwood Drug Store, Inc.Supreme Court of South Carolina · 1959
  4. Talley v. John-Mansville Sales Corp.Supreme Court of South Carolina · 1985
  5. Johnson v. Pennsylvania Millers Mutual InsuranceCourt of Appeals of South Carolina · 1987

3Cited by2 opinions

  1. Kimmer v. Murata of America, Inc.Court of Appeals of South Carolina · 2006
  2. Callahan v. Beaufort County School DistrictSupreme Court of South Carolina · 2007

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