Russell v. Wal-MartAnnotate this Case
Pamela Russell injured her back in 2009 while working at a Wal-Mart store in Conway, South Carolina. The worker’s compensation commission found Russell suffered a 7% permanent partial disability, and awarded her twenty-one weeks of temporary total disability compensation. In 2011, Russell requested review of her award, claiming there had been a "change of condition caused by the original injury" pursuant to subsection 42-17-90(A) of the South Carolina Code (2015). An appellate panel of the commission remanded Russell's change of condition claim to a single commissioner for what was a third ruling on the same claim. Russell appealed the remand order to the court of appeals, which dismissed the appeal on the ground the order was not a final decision, and thus not immediately appealable. The South Carolina Supreme Court found the remand order was immediately appealable because the commission's unwarranted delay in making a final decision required immediate review to avoid leaving Russell with no adequate remedy on an appeal from a final decision. The Court reversed the court of appeals' order dismissing the appeal, reversed the appellate panel's remand order, and remanded to any appellate panel of the commission for an immediate and final review of the original commissioner's decision.