Summary
In St. Regis Paper Co. v. Lee, 249 Miss. 537, 163 So.2d 250 (1964), we reversed a judgment of the Circuit Court because the order of the Commission which was appealed to the Circuit Court was an interlocutory order and not appealable.
Summary of this case from Southern Natural Resources, Inc. v. PolkOpinion
No. 43024.
April 27, 1964.
1. Workmen's compensation — interlocutory order of Commission not appealable.
Agreement of employer, workmen's compensation carrier, and claimant that order of Commission remanding case to attorney-referee who had awarded compensation was interlocutory and not appealable, necessitated reversal of judgment which had been entered by the Circuit Court on appeal of claimant from order of Commission and, which construed Commission's order as affirmance of award of compensation.
Headnote as approved by Gillespie, J.
APPEAL from the Circuit Court of Pearl River County; SEBE DALE, J.
Morse Morse, Gulfport, for appellant.
I. The order of the Commission was not appealable. Craig, State Tax Collector v. Barber Brothers Contracting Co., 190 Miss. 182, 199 So. 270; Miller v. Klingman, 156 Miss. 795, 126 So. 838; State, Ex Rel. Rice v. Large, 171 Miss. 330, 157 So. 694; Secs. 6998-08(b), 6998-26, Code 1942; Dunn, Mississippi Workmen's Compensation, Secs. 167, 175.
O.B. Triplett, Jr., Forest, for appellee.
I. Having reached the opinion that the appeal taken by appellee from the order of the Commission requiring that he submit himself to further medical examination was not appealable, counsel for appellee notified Mr. Morse that this decision would be reported by brief to this court unless he could assign some reason to the contrary. None has been assigned.
In this workmen's compensation case the attorney-referee awarded compensation. Upon review by the Commission, it was found that the interest of justice would be best served by remanding the case to the attorney-referee for a further physical examination of the claimant and further testimony. The claimant appealed from this interlocutory order and when the case reached the circuit court, judgment was entered construing the Commission's order as an affirmance of the award of compensation made by the attorney-referee and remanded the case to the Commission.
The employer and its compensation carrier appealed to this Court contending that the circuit court's judgment should be reversed because the order of the Commission which was appealed to the circuit court was an interlocutory order and not appealable. (Hn 1) Counsel for the claimant agrees with appellant and confesses error. Therefore, the circuit court's judgment is reversed and the order of the Commission is reinstated and the cause remanded.
Reversed, order of the Commission reinstated, and cause remanded.
Kyle, P.J., and McElroy, Rodgers and Patterson, JJ., concur.