Ortiz v. Gioia Specialty Foods

OPINION

O’HARA, Judge.

This case comes before the Court on a motion by Flor Ortiz (“employee”) to dismiss the appeal filed by Gioia Specialty Foods (“employer”). Employer filed an appeal from an order of the Industrial Accident Board (“Board”) which permitted the employee to take the deposition of Arthur J. Heather, M. D., for use at a pending hearing.

Both parties agree that the order of the Board is interlocutory in nature. There is disagreement, however, as to whether this order is appealable.

In order for an interlocutory order to be appealable, the order must affect substantial rights of the…