Pollard v. the Placers, Inc.

WALSH, Justice:

In this appeal from the Superior Court, we consider an issue raised by this Court, sua sponte: whether an award of counsel fees to a claimant incident to a remand to the Industrial Accident Board for further proceedings is an appealable judgment. We conclude that such an award, although creating a fixed entitlement, is an interlocutory order, not appealable as a matter of right. Accordingly, we dismiss the appeal without prejudice.

I

The underlying controversy arose when the appellant, Kathleen Pollard (“Pollard”), sustained a foot injury while in the employment of the appellee,…