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Hamilton v. Ford6/1/1999
g. There has been only an agreement as to compensation for temporary total disability. Neither permanent disability nor disfigurement has ever been considered.
We conclude that [Halks's] claim for compensation was still pending before the Industrial Commission when it made the award in question. Viewing the matter in this light, we think it is clear that Section 46 is not applicable. [Halks] is not seeking to increase or modify a previous award on the ground of a change in condition, but is asking for a final determination of his original claim. . . . The situation is analogous to that of a case pending in court which is allowed to remain on the calendar for a long period of time without either party making any effort to secure a final determination. The result of this Conclusion is not, as suggested by [the employer's] counsel, to permit a claim to remain pending indefinitely. . . . " t was at all times open to the defendant (employer and carrier) to move for a hearing, or to the Commission of its own motion, upon notice, to order a hearing. But this was not done." Halks, 208 S.C. at 45-47, 36 S.E.2d at 854-55.
In Gilliard v. Victor Monaghan Co., 211 S.C. 68, 44 S.E.2d 109 (1947), the employee was injured in a work related accident on February 14, 1941, a few days before his eighteenth birthday. Ten days after the accident, the employee's father entered into an agreement for the payment of compensation for temporary total disability. The Commission approved the agreement. The employee turned eighteen on February 26, 1941. Payments were made to the father who endorsed them over to the employee. In August of 1941, the Commission approved an agreement signed by the father regarding compensation for specific loss. Additionally, the Commission made an award for disfigurement. The checks for specific loss and disfigurement, each for more than $300, were made payable to the father, who had not qualified as a guardian. The father converted the proceeds of the checks to his own use, except for the amount of the attorney's fee.
The applicable provision of the Workmen's Compensation Act in effect at the time allowed a parent or natural guardian to receive up to $300 as compensation for injuries to minors and to acquit the employer. Any amounts exceeding $300 were required to be paid to a guardian. On July 5, 1945, the employee wrote the Commission requesting a hearing to fix the amount of compensation for the February 14, 1941, accident. After a hearing, the Commissioner held the employee "was barred from recovery by the one year limitation in that he had not filed his claim within twelve (12) months after becoming eighteen (18) years of age, and that having elected to repudiate the 1941 proceedings was forever barred thereby, and dismissed the claim." Id. at 70, 44 S.E.2d at 110. The Full Commission and the Circuit Court affirmed.
On appeal, the employee argued the lump sum payments for specific loss and disfigurement were void. He further maintained all prior acts, such as the filing and acceptance of the claim and payment thereunder for temporary total disability of amounts aggregating less than $300, were valid.
In reversing the Circuit Court, the Gilliard Court relied on the Halks rule that " claim for compensation lawfully constituted and pending before the commission may not be dismissed without a hearing and without some proper form of final adjudication." Id. at 75, 44 S.E.2d at 112. The Court found the employee's claim was properly filed with the Commission, thereby vesting the Commission with subject matter jurisdiction. The Court further ruled (1) the award and resulting payments for temporary total disability were in order and binding upon all parties;
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