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Bone v. Rheem Manufacturing Co.6/7/2000
NOT DESIGNATED FOR PUBLICATION
WENDELL GRIFFEN, JUDGE
APPEAL DISMISSED
Frances Bone appeals the decision of the Workers' Compensation Commission denying her Motion to Remand her case from the Commission to an Administrative Law Judge (ALJ). Appellant sought a remand to admit into evidence medical records that were obtained after an ALJ hearing but before the Commission rendered an opinion on the merits of her case. Because appellant is not appealing from a final order, we dismiss her appeal.
Factual and Procedural History
On February 8, 1990, Frances Bone sustained a compensable low back injury . She periodically sought treatment for her back injury between 1990 and 1998, until January 21, 1998, when appellee denied appellant's claim that she was entitled to additional medical treatment as a result of an alleged reoccurrence of her injury. On June 18, 1998, appellant requested a hearing to determine whether she was entitled to medical benefits after January 21, 1998. A pre-hearing order was entered on September 1, 1998, and a full hearing was held by an Administrative Law Judge on February 16, 1999. An opinion was filed by the ALJ on April 13, 1999.
After the hearing, but before the ALJ filed an opinion, appellant went to the Bonati Institute for Advanced Arthroscopic Surgery and Gulf Coast Orthopaedic Center in Hudson, Florida, to undergo treatment that eventually included surgery. She initially went to the Institute seeking treatment on March 25, 1999, and remained under its care until April 6, 1999. Although appellant received medical reports from the Institute, no request was made on her behalf to introduce the reports as additional evidence until June 18, 1999, when appellant filed her motion to remand. This occurred one month after appellant's notice of appeal was filed in connection with the decision of the ALJ.
In an Opinion and Order filed August 3, 1999, the Full Commission denied appellant's motion to remand, stating that appellant failed to show that the new evidence was not cumulative, would change the result of the case, and that she was diligent in presenting the evidence. It is from this opinion and order that appellant appeals.
Argument
Orders are final and thus appealable when they dismiss the parties from the court; discharge them from litigation; or settle their rights in regard to the matter of the controversy. See American Mut. Ins. Co. v. Argonaut Ins. Co., 33 Ark. App. 82, 84, 801 S.W.2d 55, 56 (1991). To determine if an order from the Commission is appealable, this court reviews whether the order ends the entire or a divisible portion of the litigation by putting the Commission's directive into action. See id. at 84, 801 S.W.2d at 56. An order that does not award or deny compensation for monetary benefits is not final. See Humphrey v. Faulkner Nursing Ctr., 61 Ark. App. 48, 50, 964 S.W.2d 224, 225 (1998). This court discourages piecemeal litigation, and if necessary, will raise the issue of finality on its own motion, as it goes toward jurisdiction. See id. at 50, 964 S.W.2d at 225. See also American Mut. Ins. Co. v. Argonaut Ins. Co., 33 Ark. App. 82, 84, 801 S.W.2d 55, 57 (1991).
Ms. Bone appeals from the Commission's decision denying her request to remand her claim to the Administrative Law Judge. The Commission's order is not final. It does not: (1) dismiss the parties from the court; (2) discharge them from the instant action; or (3) resolve the subject matter of their controversy. Nor does the order award or deny compensation. We therefore dismiss appellant's appeal for lack of a final order.
Appeal dismissed.
Bird and K
Page 1 2 Arkansas Personal Injury Attorneys
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