Wal-Mart Stores, Inc. v. Linda Vandiver

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN MAUZY PITTMAN, JUDGE

DIVISION I

WAL-MART STORES, INC.

APPELLANT

V.

LINDA VANDIVER

APPELLEE

CA00-653

March 7, 2001

APPEAL FROM THE ARKANSAS WORKERS' COMPENSATION COMMISSION

[NO. E711036]

APPEAL DISMISSED

The appellee in this workers' compensation case sustained a compensable injury on September 3, 1997. Appellee claimed entitlement to compensation for permanent physical impairment to her shoulder. After a hearing, the administrative law judge found that appellee failed to prove entitlement to benefits by a preponderance of the evidence. Appellee appealed this decision to the full Commission and, in an opinion issued March 29, 2000, the Commission vacated the administrative law judge's opinion and remanded for additional findings. From that order of remand, comes this appeal.

For reversal, appellant contends that the Commission erred in vacating the administrative law judge's decision and remanding to the administrative law judge for additional findings. We dismiss the appeal because an order which is remanded to the

administrative law judge for the taking of additional evidence and which does not award compensation or any monetary benefits, as in this case, is not a final appealable order. Baldor Electric Co. v. Jones, 29 Ark. App. 80, 777 S.W.2d 586 (1989); see American Mutual Insurance Co. v. Argonaut Insurance Co., 33 Ark. App. 82, 801 S.W.2d 55 (1991); Samuels Hide & Metal Co. v. Griffin, 23 Ark. App. 3, 739 S.W.2d 698 (1987). To permit an appeal from such an order would encourage piecemeal, slow, and expensive litigation, the antithesis of the expedited procedure for the relief of injured workers that the Workers' Compensation Act was intended to provide.

Appeal dismissed.

Hart and Vaught, JJ., agree.