Hartford appeal in settlement case reinstated
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The Court of Appeals of South Carolina on Wednesday reinstated an appeal by The Hartford Financial Group Inc. in a settlement case after failing to file its brief on time due to a clerical error.
The workers compensation matter began when Hartford sought to enforce a lien against a settlement, which was denied by a single commissioner and then appealed to the full South Carolina Workers Compensation Commission, according to documents in Tammy Jordan v. The Hartford Financial Group, Inc., filed in the Court of Appeals of South Carolina in Columbia.
Following Hartford’s appeal, a Briefing Schedule and Notice of Appellate Hearing was served advising that the appellant's brief was due on May 12, 2019, and that the respondent "may" file a brief within 15 days of service of appellant's brief, but did not specify who the appellants or respondents were, according to court documents.
A paralegal for Hartford’s counsel mistakenly thought Hartford was the respondent and calendared that its brief was due on May 27 instead of May 12. The commission dismissed Hartford's appeal on May 23 for failure to file its brief on time. Counsel explained the mix-up and immediately moved to reinstate its appeal on the rule of “good cause” due to “an honest human mistake.” The commission denied “without explanation,” documents state. Hartford appealed.
In its opinion, Court of Appeals judges called the commission’s reasoning to deny good cause “a mystery” and held the commission’s summary denial “arbitrary and an abuse of discretion,” ruling to reinstate Hartford’s initial appeal.
