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Romine v. Workers' Compensation Appeal Board

Appeal of remand order quashed because order was interlocutory and not appealable as of right, and plaintiff did not ask the court for permission to file an interlocutory appeal.

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ARGUED: October 11, 2001

Dolores Romine petitions for review of an order of the Workers’ Compensation Appeal Board (Board), which reversed and remanded the case to a Workers’ Compensation Judge (WCJ). The order of the WCJ had denied a review petition filed by the employer, CNF, Inc./The Potato Sack (CNF). Unfortunately, we find that we must quash Romine’s appeal to this Court because the Board’s order is interlocutory and, as such, is unappealable.

The relevant facts of this case are as follows: Romine sustained a wrist injury on December 22, 1995, while working as an employee of CNF, and she filed a claim petition with the Bureau of Workers’ Compensation (Bureau) on January 23, 1996. By order circulated February 25, 1998, a WCJ found that Romine sustained a work-related ligament tear of the left wrist and awarded benefits at the rate of $195.89 per week. CNF appealed the WCJ’s decision and the Board affirmed. CNF filed a motion for rehearing with the Board, which was denied on December 30, 1999.

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