Wanda Whetstone v. Office of the Governor

WestPoint Home (WestPoint) appeals an order of the circuit court finding the South Carolina Workers' Compensation Commission (the Commission) could indefinitely retain the $1.8 million WestPoint deposited as security for potential workers' compensation claims filed by former employees after its predecessor corporation entered bankruptcy. On appeal, WestPoint argues the circuit court erred in finding (1) the Commission was justified in withdrawing the entire deposit and transferring it to an account with the State Treasurer even though the pending claims never equaled the total deposit amount and (2) the Commission could continue to retain the unused portion of the deposit indefinitely even though the statute of repose for new claims had expired. WestPoint also contends it was entitled to collect prejudgment interest. We reverse as to the first two issues and remand for further proceedings regarding the prejudgment interest issue.