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CLINTON PAPER CO. v. COMMONWEALTH PENNSYLVANIA (09/06/79)

decided: September 6, 1979.

CLINTON PAPER CO., INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND RICHARD L. POWERS, RESPONDENTS



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.

COUNSEL

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.

Author: 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 ...


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