Appeal from the Order of the Workmen's Compensation Appeal Board in case of Richard L. Powers v. Clinton Paper Co., Inc., No. A-72955.
Michael Collins, with him Charles J. McKelvey, and McNerney, Page, Vanderlin & Hall, for petitioner.
William Kennedy, Assistant Attorney General, for respondent.
Judges Wilkinson, Jr., Rogers and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.
[ 45 Pa. Commw. Page 486]
Appellant-Petitioner Clinton Paper Company (Clinton) appeals to this Court from an order of the Workmen's Compensation Appeal Board (Board) remanding this case to the referee "for clarification."
[ 45 Pa. Commw. Page 487]
The only issue Clinton raises is whether the Board erred as a matter of law in holding that the pleadings from a prior court case involving Appellee-Respondent Richard L. Powers (Powers) upon which the referee's decision was based, were not competent to support the order.*fn1 We find that Clinton's appeal is from an interlocutory rather than from a final order. Therefore, we quash the appeal without reaching the merits of the issue raised.
On September 19, 1972 Powers suffered a work-related injury to his back and began receiving compensation at the rate of $82.33 per week. On December 2, 1972, he was shot by one Edward Armstrong (Armstrong) while on a hunting expedition. On October 11, 1974, Powers filed suit against Armstrong in the York County Court of Common Pleas alleging, inter alia, that:
As a result of the injuries received by [Powers] from the negligence of [Armstrong], [Powers] has been permanently disabled and unable to continue his usual employment to the present time, as a result of which [Powers] lost wages to date in the amount of $12,595.20 and will continue in the future to lose wages.
Following trial by jury, Powers received a judgment against Armstrong in the amount of $125,000.00, said judgment being entered on the verdict on November 18, 1975.
Powers received workmen's compensation benefits because of the work-related injury until October 22, 1974. At that time, Clinton learned of Powers' hunting accident and of his suit against Armstrong. Clinton requested that Powers sign a final ...