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LONDERBACK TRANSPORTATION COMPANY AND RELIANCE INSURANCE COMPANY v. COMMONWEALTH PENNSYLVANIA (04/15/80)

decided: April 15, 1980.

LONDERBACK TRANSPORTATION COMPANY AND RELIANCE INSURANCE COMPANY, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND ADRIEN LEMIEUX, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Adrien Lemieux, No. A-74241.

COUNSEL

Charles S. Katz, Jr., Swartz, Campbell & Detweiler, for petitioners.

Lewis Kates, with him, James F. Guidera, for respondent.

President Judge Crumlish and Judges Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 50 Pa. Commw. Page 539]

Employer Louderback Transportation Company appeals from an order of the Workmen's Compensation Appeal Board (board) which reversed and remanded a referee's decision terminating Adrien Lemieux's (claimant) disability compensation payments.

On February 28, 1974, claimant suffered compensable injuries to his left thigh and left buttock, when he slipped on ice and a couch he was carrying fell on him. Thereafter, claimant entered into a compensation agreement with the employer and employer's insurance carrier, under which claimant received disability compensation payments from February 28, 1974 through September 11, 1974.

Employer on September 23, 1974 filed a termination petition alleging that claimant, as of September 12, 1974, had fully recovered from his disabling injuries. Claimant answered that he was still disabled by a back injury causally connected to the February, 1974 accident.

The referee found that claimant had recovered from the disabling injuries which had emanated from the February 28, 1974 accident. Moreover, the referee found that claimant's inability to work on and after September 12, 1974 was due to a lower back problem not causally related to the accident in February.

Claimant appealed the referee's decision to the board. The board reversed the referee's findings as to claimant's recovery from his disabling injuries and as to the absence of a causal connection between claimant's back problem and the original accident. Thus, the board remanded the case to the referee and ordered him to consider whether or not claimant had

[ 50 Pa. Commw. Page 540]

    recovered from his lower back problem. From that order employer filed this appeal.

This court's authority to review remand orders is extremely limited. The general rule is that the board's remand orders are interlocutory and unappealable. However, in American Can Co. v. Workmen's Compensation Appeal Board, 37 Pa. Commonwealth Ct. 169, 389 A.2d 263 (1978), this court stated that an appeal from a remand order is permitted (1) if the board had no jurisdiction to remand because the appeal to it was not timely, or (2) if the board's action is based on a clear error of law so that the proceeding ...


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