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AUTREY v. NORTH BROTHERS

22274

285 S.C. 121 (1985)

328 S.E.2d 624

Henry B. AUTREY, Jr., Appellant, v. NORTH BROTHERS, Employer, and Employers Insurance of Wausau, Carrier, Respondents.

Supreme Court of South Carolina.

Decided April 3, 1985.

Attorney(s) appearing for the Case

Kay Gorenflo Hearn, of Stevens, Thomas, Hearn & Hearn, Loris, Thomas H. Hart, III, of Blatt & Fales, Barnwell, and Isadore E. Lourie, of Lourie, Barrett, Curlee, Swerling & Popowski, Columbia, for appellant.

William W. Watkins, Columbia, for respondents, UAC and North Brothers.

William Pope, of Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford, Columbia, for respondent, Employers Ins. of Wausau.

Heard Feb. 5, 1985.

Decided April 3, 1985.

GREGORY, Justice:

This consolidated appeal presents the issue of whether the Industrial Commission has jurisdiction to approve a third party settlement under S.C. Code Ann. § 42-1-560(f) when the petitioning employees have no present disability compensable under the Occupational Disease Act. The Commission ruled there was not jurisdiction, and the employees appeal. We dismiss.

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