72 Pa. Commw. 59 | Pa. Commw. Ct. | 1983
Opinion by
The Board of Pensions and Retirement of the City of Philadelphia appeals from an order of the Court of Common Pleas of Philadelphia County which reversed and remanded a decision of the board denying benefits to Harry A. Hodge.
In March of 1978, Hodge, a former city emplolyee who had injured himself while working, applied to the
The board does not here challenge the trial court’s instruction that on remand Hodge is entitled to due process protections, but it does appeal that part of the instructions that requires a panel of three doctors to examine Hodge.
Although the issue was not raised by Hodge, we note sua sponte the interlocutory nature of the trial court’s order remanding the case to the board. An order of a trial court remanding a case is normally interlocutory and not appealable.
We do note, however, that the trial court’s remand is appropriate because the record of the board’s proceedings was incomplete. The Local Agency Law
We must also note that the trial court’s interpretation of Section 117 of the Philadelphia Retirement System Ordinance complies with the provisions of Section 1903(a) of the Statutory Construction Act,
The word “shall” in a statute generally indicates a mandatory duty,
Because the order of the Court of Common Pleas of Philadelphia County is interlocutory in nature, the appeal of the board is quashed.
Order
Now, February 15, 1983, the appeal from the Order of the Court of Common Pleas of Philadelphia County, dated February 18, 1981, is quashed.
Penn Paper Co. v. Workmen’s Compensation Appeal Board, 13 Pa. Commonwealth Ct. 105, 108, 317 A.2d 914, 916 (1974); City of Philadelphia v. Booker, 13 Pa. Commonwealth Ct. 588, 320 A.2d 426 (1974); Corbett v. A & P Stores, 213 Pa. Superior Ct. 1, 245 A.2d 864 (1968). See also Murhon v. Workmen’s Compensation Appeal Board, 51 Pa. Commonwealth Ct. 214, 414 A.2d 161 (1980).
Husted v. Board of Directors of Wellsboro Area School Dist., 57 Pa. Commonwealth Ct. 520, 427 A.2d 272 (1981).
2 Pa. C. S. §§551-555, 751-754.
2 Pa. C. S. §553.
1 Pa. C. S. §1903(a).
James F. Oakley, Inc. v. School Dist. of Philadelphia, 464 Pa. 330, 346 A.2d 765 (1975); Francis v. Corleto, 418 Pa. 417, 211 A.2d 503 (1965); In Re Columbia Borough, 24 Pa. Commonwealth Ct. 190, 354 A.2d 277 (1976); In Re Amendment of Clinton County Budget, 13 Pa. D. & C.3d 389 (1980).