Morris v. BB&T Corporation
Annotate this CaseThe South Carolina workers' compensation commission dismissed an appeal to its appellate panel because the attorney filing the appeal missed a deadline for his brief. The commission refused to reinstate the appeal even after the attorney explained he made an innocent calendaring mistake, and then the commission refused to reconsider its decision. In all three instances, the commission gave no explanation of its decision; it simply issued a form order with blanks checked indicating the commission's action. The South Carolina Supreme Court found that because the commission offered no explanation for its decision, it did not act within its discretion in refusing to reinstate the appeal. "The failure to accurately calendar a filing deadline will not constitute good cause for reinstating an appeal in every instance. We have reviewed the record in this case, however, and we find Proffitt demonstrated good cause." The commission's decision refusing to reinstate the appeal was reversed and the case remanded to the appellate panel for consideration of the appeal on the merits.
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