Opinion
Argued November 3, 1977
December 6, 1977.
Workmen's compensation — Remand to referee for additional findings — Interlocutory order.
1. An order of the Workmen's Compensation Appeal Board remanding a case to a referee for additional findings and conclusions is interlocutory and unappealable to the Commonwealth Court of Pennsylvania. [589]
Argued November 3, 1977, before Judges WILKINSON, JR. and ROGERS, sitting as a panel of two.
Appeal, No. 2032 C.D. 1976, from the Order of the Workmen's Compensation Appeal Board in case of Joseph A. Magnone v. Armco Steel Corporation, No. A-71470.
Petition with Department of Labor and Industry for workmen's compensation benefits. Benefits awarded. Employer appealed to the Workmen's Compensation Appeal Board. Award affirmed in part. Case remanded to referee for additional findings of fact and conclusions of law. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Appeal quashed.
John J. Petrush, with him McClain, Petrush, Young Miller, for petitioner.
Edwin H. Beachler, with him McArdle, Henderson, Caroselli, Spagnolli Beachler, for respondent.
Armco Steel Corporation has appealed an order of the Workmen's Compensation Appeal Board. The case has two issues. The Board decided one of the issues against Armco. On the second issue, the Board remanded the case to the referee for additional findings of fact and conclusions of law. The Board's order was clearly interlocutory and we are therefore required to quash the appeal sua sponte. See Gilroy v. Workmen's Compensation Appeal Board, 32 Pa. Commw. 152, 377 A.2d 1302 (1977).
Accordingly, we enter the following:
ORDER
AND NOW, this 6th day of December, 1977, it is ordered that the appeal of Armco Steel Corporation be and it is hereby quashed.