In Sher v McCarthy Brothers, No.ED 83096, 2004 WL 769721 (Mo.App.E.D. 2004), employer/insurer appealed a decision of the Commission which affirmed the ALJ. The ALJ ordered an examination by an impartial physician to evaluate the Employee and prepare a medical report and that employee had suffered a 15% degree of permanent partial disability. The ALJ entered a Temporary or Partial Award with out deciding whether Employee had sustained a compensable accident or occupational disease arising out of his employment with Employer. The Court of Appeals held that the temporary or partial award was not appealable because the award was not a final award. Since no liability was fixed and no benefits were awarded pending a determination of compensability, the Court has no jurisdiction.
In Remelius v McCarthy Brothers Company, 28 S.W.3d 491 (Mo.App. E.D. 2000), appellate court lacks jurisdiction to review a Commission order dismissing Application for Review from an ALJ’s Award of temporary or partial disability.
In State ex rel Lester E. Cox v Wieland, 985 S.W.2d 924 (Mo.App. S.D. 1999), the Commission denied an Application for Review of a temporary/partial award directing the employer to provide certain medical care to the employee because the award was not final. Employer sought writ of prohibition. Writ was denied because the employer has administrative remedies and an eventual appeal once the award is final.