Opinion
Argued April 9, 1980
May 16, 1980.
Argued April 9, 1980, before Judges MERCER, ROGERS and MacPHAIL, sitting as a panel of three.
Appeals, Nos. 997 C.D. 1978 and 1185 C.D. 1978, from the Order of the Workmen's Compensation Appeal Board in case of Margaret F. Griesinger, Widow of William Griesinger, deceased v. Atlantic Richfield Company, No. A-73780.
Application to the Department of Labor and Industry for workmen's compensation death benefits. Benefits awarded. Employer appealed to the Workmen's Compensation Appeal Board. Case remanded. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Appeal quashed.
James Dunworth, for petitioner.
Lowell A. Reed, Jr., with him Patricia A. Mattern, of Rawle and Henderson, for respondent.
Margaret A. Griesinger (Claimant) was awarded workmen's compensation benefits by the referee as the result of a fatal heart attack suffered by her husband. Atlantic Richfield Company (the decedent's employer) appealed to the Workmen's Compensation Appeal Board (Board) which set aside the referee's determination and remanded the case to the referee for necessary findings of fact. Claimant appealed to this Court from that order.
Both parties argued the substantive issues before this Court and neither party desires a remand although the Board's order is clearly interlocutory.
It appears that the crucial factual issue to be determined in the is whether or not decedent's death was related to his employment.
The Board stated two reasons for the remand order: (1) although the referee specifically stated that he did not rely upon statements by the decedent which were admittedly hearsay, the Board concluded that he did consider such statements and (2) the referee failed to find specifically what caused the decedent's death.
For some time this Court has been confronted with appeals from interlocutory orders and over that period of time articulated certain exceptions to the general rule that no appeal lies from an interlocutory order. However, in Murhon v. Workmen's Compensation Appeal Board, 51 Pa. Commw. 214, 414 A.2d 161 (1980), our Court has seen fit to eliminate those exceptions and to return to the general rule.
Accordingly, we will quash the instant appeal.
ORDER
AND NOW, this 16th day of May, 1980, the appeal of Margaret F. Griesinger from the order of the Workmen's Compensation Appeal Board, Docket No. A-73780, dated April 20, 1978, is hereby quashed.