Home Improvement Specialist v. Daniel Lee Brown ( 2006 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Felton, Judge Petty and Senior Judge Coleman
Argued at Salem, Virginia
HOME IMPROVEMENT SPECIALIST AND
WCAMC CONTRACTOR’S GROUP
SELF-INSURANCE ASSOCIATION
MEMORANDUM OPINION* BY
v. Record No. 0124-06-3 JUDGE WILLIAM G. PETTY
OCTOBER 17, 2006
DANIEL LEE BROWN
FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
Richard A. Hobson for appellants.
(A. Thomas Lane, Jr., on brief), for appellee. Appellee submitting
on brief.
The Court of Appeals has appellate jurisdiction over final decisions of the Virginia
Workers’ Compensation Commission and interlocutory orders involving injunctions or
“adjudicating the principles of a cause.” Code § 17.1-405. Appellants challenge a discovery
order issued by the commission. For the reasons stated in Jewell Ridge Coal Corp. v.
Henderson, 229 Va. 266, 329 S.E.2d 48 (1985), and Green v. Keil Plumbing & Heating, Inc., 42
Va. App. 539, 593 S.E.2d 525 (2004), we hold the discovery order is not a final order from
which an appeal may be taken. Furthermore, the order does not adjudicate the principles of a
cause. The order is interlocutory, is not determinative of the controversy, and does not address
the merits of the case. See, e.g., Polumbo v. Polumbo, 13 Va. App. 306, 411 S.E.2d 229 (1991).
Accordingly, we dismiss the appeal without prejudice.
Dismissed.
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.