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CHAMBERS BROTHERS COMPANY AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD AND JAMES LYNAGH (07/31/74)

decided: July 31, 1974.

CHAMBERS BROTHERS COMPANY AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, INSURANCE CARRIER, APPELLANTS,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND JAMES LYNAGH, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of James Lynagh v. Chambers Brothers Company, No. A-67438.

COUNSEL

Howard M. Ellner, with him John F. McElvenny and Henry F. Furman, for appellants.

Thomas F. McDevitt, with him James N. Diefenderfer, for appellees.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 14 Pa. Commw. Page 582]

This is an appeal by Chambers Brothers Company (Chambers) from an order of the Workmen's Compensation Appeal Board (Board) remanding the case to a referee for the purpose of having the claimant examined by a designated impartial physician.

The claimant, James Lynagh (Lynagh), had been employed by Chambers for 32 years before being terminated in December of 1966 when Chambers ceased doing business. In May of 1963 and in March of 1966

[ 14 Pa. Commw. Page 583]

Lynagh had suffered accidents for which he received compensation benefits pursuant to agreements with Chambers. In regard to the first accident, compensation had been suspended on December 9, 1964, pursuant to a subsequent agreement between the parties. Compensation for the second accident was terminated on August 18, 1966, at which time Lynagh signed a final settlement receipt and returned to work until his termination in December of 1966.

On February 26, 1968, Lynagh filed two petitions with the Bureau of Workmen's Compensation, asking for a reinstatement of the compensation agreement for the first accident and a setting aside of the final receipt terminating compensation for the second accident. These petitions were consolidated for hearing before a referee. After several hearings before different referees, Lynagh's petitions were dismissed as a result of a referee's determination that they did not meet the requirements of the appropriate sections of The Pennsylvania Workmen's Compensation Act.*fn1

Lynagh appealed to the Board, and the Board subsequently vacated the findings, conclusions and order of the referee and remanded the record to the referee for an examination of Lynagh by a designated impartial physician.*fn2 Chambers then appealed the Board's remand order to this Court.

[ 14 Pa. Commw. Page 584]

It is generally true that an order of the Board remanding a case to a referee for taking additional testimony is interlocutory and an appeal therefrom is premature. Screw & Bolt Division of Modulus v. Workmen's Compensation Appeal Board, 12 Pa. Commonwealth Ct. 380, 316 A.2d 151 (1974), and Royal Pioneer Page 584} Ind., Inc. v. Workmen's Compensation Appeal Board, 11 Pa. Commonwealth Ct. 132, 309 A.2d 831 (1973). As is the case with most general rules, the above rule does have its exceptions. These exceptions were enunciated in Royal Pioneer as follows: "There are, however, exceptions to this general rule. In United Metal Fabricators, Inc. v. Zindash, 8 Pa. Commonwealth Ct. 339, 301 A.2d 708 (1973), we noted that, when the evidence before the Board is sufficient for it to make a decision on the merits, and where that evidence permits only one possible result, then an appeal is properly before this Court. Likewise, in Riley Stoker Corporation v. Workmen's Compensation Appeal Board and Jeeter, 9 Pa. Commonwealth Ct. 533, 308 A.2d 205 (1973), the Board remanded a case to the referee, where the case had been untimely filed. We recognized there that to permit the action to continue when ...


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