CHESAPEAKE GEN HOSP v. HANDLOVITCH, 1913-96-1, Unpublished (Va.App 3-4-1997)

JUDGE JOSEPH E. BAKER

Chesapeake General Hospital and Healthcare Providers Group Self-Insurance Association (hereafter collectively referred to as employer) appeal the decision of the Workers' Compensation Commission (commission) reversing the deputy commissioner's ruling and ordering production of a deceased non-party's medical records pursuant to a protective order. As the parties are thoroughly familiar with the record, we need not reference the facts or procedures upon which this appeal is predicated.

This Court only has jurisdiction to review an interlocutory decree or order (i) granting, dissolving, or denying an injunction or (ii) adjudicating the principles of a cause. Code § 17-116.05(4). We hold that the commission's order compelling disclosure of Jane Doe's medical records does not fall within this Court's jurisdiction to review interlocutory orders as proscribed by Code § 17-116.05(4). Consequently, at this stage of the proceeding, we are not authorized to review the issue presented by this appeal.

For the foregoing reasons, this case is remanded to the commission for such further action as the status of the matter may require, without prejudice and with leave granted to the parties, if they be so advised, to appeal the final decision of the commission.

Remanded.