Taylor v. Collins and Ryan, Inc.

Supreme Court of Delaware

Taylor v. Collins and Ryan, Inc.

440 A.2d 990, 1981 Del. LEXIS 401

CourtSupreme Court of Delaware

DecidedDecember 30, 1981

StatusPublished

Cited by7 cases

This text of 440 A.2d 990 (Taylor v. Collins and Ryan, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Taylor v. Collins and Ryan, Inc., 440 A.2d 990, 1981 Del. LEXIS 401 (Del. 1981).

Pincite

Opinion

PER CURIAM:

In this case, which arises under the Workmen’s Compensation Act, 19 Del.C. § 2301, the Superior Court entered an order of remand to the Industrial Accident Board with instructions to take further testimony, including expert medical testimony, on the issue as to when disfigurement of the claimant became permanent. Thereafter, the employee docketed this appeal.

Clearly, an order of remand by the Superior Court to the Industrial Accident Board is an interlocutory and not a final order. And under settled Delaware law such an order is not appealable to this Court. Cicamore v. Alloy Surfaces Company, Del.Supr., 244 A.2d 278 (1968); McClelland v. General Motors Corporation, Del. Supr., 214 A.2d 847 (1965).

After those cases were decided, this Court adopted Rule 42 which specifies the procedure governing interlocutory appeals. But that Rule did not change nor modify the decisions in Cicamore and McClelland. Indeed, the Rule codifies those and similar decisions and adds additional requirements which have not been met in this appeal.

It follows, therefore, that the appeal must be dismissed.

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