U.S. Judge Tells Gov. Sanford He Must Defend Comp Orders

A federal judge who had "invited" South Carolina's governor to come to court, yesterday made it mandatory that the governor appear and answer charges that orders he issued to the state Workers' Compensation Commission are unconstitutional.

U.S. District Court Judge G. Ross Anderson Jr., in Anderson, S.C., said he was making Gov. Mark Sanford a defendant in a case that was originally brought against the Commission, and that he was continuing a stay of the governor's orders to that agency.

The governor, in issuing his orders, had sent the commissioners a form ordering them to report on permanent disability awards they made. He also called on them to issue individual orders confirming that attorneys' fees were reasonable, and to strictly apply American Medical Association injury evaluation guidelines.

Commissioners reacted that his orders conflicted with their duty to be independent, impartial and faithful to law.

A spokesman for the governor said he only wanted to ensure that commissioners were properly following the law in handling cases, but comp lawyers suggested he was trying to intimidate judges to limit awards.

Judge Anderson, in the order he issued yesterday, said that one of the directives issued by Gov. Sanford showed he had a willingness to issue orders to commissioners in response to "ostensibly unfavorable judicial actions."

"It is therefore a legitimate concern that the Governor would continue to issue violative executive orders if he is not enjoined," the judge wrote.

The governor has appealed the case to State Supreme Court, which has yet to rule. Gov. Sanford's spokesman, Joel Sawyer, said the governor's counsel will be in court to represent him when a hearing date is set.

Mr. Sawyer had indicated last week that the governor might be sending attorneys to Judge Anderson's court this past Monday when he was invited to appear to make his case for the orders, but neither the governor nor his attorneys were present.

Judge Anderson said in his order he will hold a hearing within 30 days on whether the stay he issued of Gov. Sanford's directives should remain in place.

The original stay was obtained by attorney Kathryn Williams, when it appeared that the Commission would comply with the governor's request to fill out reports of disability awards.

Ms. Williams sued on behalf of her client, Susan Monaco--an injured worker who has a case before the commission.

Her complaint argues that Gov. Sanford's orders violate the separation of powers between executive and judicial branches required by the state constitution and deprive Ms. Monaco of due process.

She also contends that the orders go against legal rulings that comp awards be based not on the injury involved, but the disability they produce.

The orders also violate laws requiring new comp regulations and procedures to be approved by the legislature, the complaint said.