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J AND J PORTION CONTROL MEATS v. COMMONWEALTH PENNSYLVANIA (08/21/79)

decided: August 21, 1979.

J AND J PORTION CONTROL MEATS, INC. AND INSURANCE COMPANY OF NORTH AMERICA, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND DARRELL R. COLE, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Darrell R. Cole v. J and J Portion Control Meats, Inc., No. A-73360.

COUNSEL

John F. Will, Jr., with him Will & Keisling, for petitioners.

Harry K. Thomas, with him Knox, Graham, McLaughlin, Gornall and Sennett, Inc., for respondents.

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

Author: Crumlish

[ 45 Pa. Commw. Page 199]

Darrell R. Cole (Claimant) was injured at work on November 6, 1972, and a notice of compensation payable

[ 45 Pa. Commw. Page 200]

    was duly filed. Compensation was paid from December 12, 1972 to April 29, 1973, after which Claimant returned to light duty employment.*fn1 He was discharged on July 20, 1973. Claimant continued to receive medical treatment after his return to work and subsequent discharge.

In October, 1973, Claimant filed a petition to review provisions of the existing compensation agreement which was properly treated by the referee as a petition for reinstatement.*fn2 Defendants filed a petition to terminate.*fn3 The referee, hearing the cases simultaneously, in two separate orders dismissed Claimant's reinstatement petition and sustained Defendant's petition to terminate.

Claimant appealed the dismissal of the reinstatement petition to the Workmen's Compensation Appeal Board (Board) which vacated the referee's order dismissing that petition and remanded the matter to the referee to determine Claimant's present status and compute compensation from July 20, 1973.

At issue in this appeal is the propriety of the Board's remand order which it is contended is interlocutory, and hence, unappealable to this Court.*fn4

The rule is that remand orders from the Board are generally interlocutory. S.K.F. Industries v. Workmen's Compensation Appeal Board, 36 Pa. Commonwealth Ct. 411, 387 A.2d 1347 (1978). There are three exceptions. See Roadway Express, Inc. v. ...


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