Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
2003-07-28-01

The Supreme Court of South Carolina

James W. Breeden, Jr., Employee, Respondent/Petitioner,

v.

TCW, Inc./Tennessee Express, Employer, and Granite State Insurance Co., Carrier, Petitioners/Respondents.

ORDER

We deny the Petition for Rehearing but withdraw Opinion Number 25652 filed May 19, 2003, in order to clarify one point.� The new opinion removes the language stating �reduced the lien by a factor of .31� and replaces the language with �reduced the lien in the same proportion as the third party settlement bore to the total cognizable damages.�� Also, in footnote 3, the new opinion removes the language �therefore, the lien was reduced by a factor of .31� and replaces it with �therefore, the amount of the reduced lien was computed by multiplying the original lien by .31.��

IT IS SO ORDERED.

s/Jean H. Toal                                    C.J.

s/James E. Moore                             J.

s/John H. Waller, Jr.                           J.

s/E.C. Burnett, III                                 J.

s/Costa M. Pleicones                        J.

Columbia, South Carolina
July 28, 2003