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Order of the Circuit Court remanding the case to the Workers’ Compensation Commission for additional proceedings was interlocutory and not directly appealable where the Circuit Court did not make a final determination as to the merits of the case.
Foggie was injured when a wrench he was using to tighten a bolt slipped, causing him to fall. Foggie sought benefits for injuries to his back, neck, right shoulder, right upper extremity, and psyche. He claimed that he was permanently and totally disabled. General Electric (GE) admitted the injury to Foggie’s shoulder but denied the other body parts and denied that Foggie was permanently and totally disabled.
The single Commissioner found that Foggie sustained an injury to his psyche, that he was permanently and totally disabled, and that GE was entitled to a 10% credit for a prior Workers’ Compensation award for Foggie’s leg. GE appealed to the Full Commission, and the Full Commission affirmed. Neither the single Commissioner nor the Full Commission made a finding regarding whether GE was entitled to a credit for Foggie’s pre-existing post-traumatic stress disorder that resulted from his military service. Subsequently the parties cross-appealed, and at the Circuit Court level, the Judge affirmed the Commission’s findings that Foggie sustained an injury to his psyche and that GE was entitled to a 10% credit for a prior workers’ compensation award for Foggie’s leg. The Circuit Court then remanded on two issues: (1) Foggie’s permanent and total disability; and (2) whether GE was entitled to a 30% credit for a Veteran’s Administration assessment previously awarded to Foggie for post-traumatic stress disorder after his service in the Vietnam war. After the remand, Foggie appealed. The Court of Appeals dismissed Foggie’s appeal because no final determinations had been made by the Circuit Court. Because the Circuit Court remanded the case to the Commission to make final determinations as to Foggie’s permanent and total disability and any credit to be given for Foggie’s Veterans Administration award, Foggie’s appeal was interlocutory and improper.
