St. Regis Paper Co. v. Lee

Decision Date27 April 1964
Docket NumberNo. 43024,43024
PartiesST. REGIS PAPER COMPANY and Travelers Insurance Company v. Paul R. LEE.
CourtMississippi Supreme Court

Morse & Morse, Gulfport, for appellants.

O. B. Triplett, Jr., Forest, for appellee.

GILLESPIE, Justice.

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. 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.

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3 cases
  • Bickham v. Department of Mental Health
    • United States
    • Mississippi Supreme Court
    • December 18, 1991
    ...Compensation, Sec. 285 (3rd ed.1982). Southern Natural Resources, Inc. v. Polk, 388 So.2d 494 (Miss.1980); St. Regis Paper Co. v. Lee, 249 Miss. 537, 163 So.2d 250 (1964). A right of appeal is statutory. Jones v. Barnes, 463 U.S. 745, 751, 103 S.Ct. 3308, 3312-13, 77 L.Ed.2d 987, 993 (1983)......
  • Sonford Products Corp. v. Freels
    • United States
    • Mississippi Supreme Court
    • September 24, 1986
    ...states: To be appealable, the order of the commission must be a final order. Southern Natural Resources, supra; St. Regis Paper Co. v. Lee, 249 Miss. 537, 136 So.2d 250 (1964). Thus, where the commission, on review of a decision of its hearing officer, enters an order remanding the case to ......
  • Southern Natural Resources, Inc. v. Polk, 52191
    • United States
    • Mississippi Supreme Court
    • October 1, 1980
    ...to the parties, appeal therefrom to the circuit court of the county in which the injury occurred. 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 a......

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