Justices Give Claimant Green Light Despite Late Notice

The fact that a filer voluntarily withdrew a lawsuit that required a timely notice to the employer-carrier averts a disqualification of her separate workers' compensation claim, the South Carolina Supreme Court ruled. "A voluntary dismissal leaves the situation as though no suit had ever been filed," the court ruled in Callahan v. Beaufort County School District, 26377, 09/04/2007. The justices said that while the facts of the case allowed the claimant to proceed with her workers' compensation claim, the law is clear that notice of a third-party lawsuit filed concurrently with a claim ...