ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

SAM BIRD, JUDGE

DIVISION II

LOVE BOX COMPANY and INSURANCE MANAGEMENT ASSOCIATION, APPELLANTS

V.

ANDREW SALLEY,

APPELLEE

CA00-1400

JUNE 20, 2001

APPEAL FROM THE WORKERS' COMPENSATION COMMISSION,

NO. E913211 & E913896,

DISMISSED

Appellee Andrew Salley worked as a band-saw operator for appellant Love Box Company, where his job involved reaching into a large dumpster and removing wood. In August 1999 he reported to his supervisor that he was having problems with his left leg, and his employer initially accepted this as a compensable injury. After an MRI revealed two herniated lumbar discs, Love Box Company contested the compensability of Salley's back injury, of additional temporary total disability benefits, and of related medical benefits.

The administrative law judge found that Salley had failed to establish a causal connection between his back complaints and his job activities, and therefore was not entitled to related medical benefits or temporary total disability benefits. Additionally, the law judge found that Salley had not proven entitlement to additional temporary total disability benefits with respect to his leg injury. After conducting a de novo review of the evidence, the

Workers' Compensation Commission found that Salley had apparently been misdiagnosed as having a leg strain and not a back injury. Upon further finding that Salley had sustained a compensable back injury for which he was entitled to receive benefits, the Commission vacated the law judge's decision. Love Box Company appeals the Commission's decision, contending that the award of benefits is not supported by substantial evidence.

Although the parties have not questioned whether the order is appealable, this is a matter that we are obligated to raise on our own because it goes to our subject-matter jurisdiction to hear this case. Rogers v. Wood Mfg., 46 Ark. App. 43, 877 S.W.2d 43 (1994); Hampton & Crain v. Black, 34 Ark. App. 77, 806 S.W.2d 21 (1991). For an order to be appealable, it must be final. Rowell v. Curt Bean Lumber Co., 73 Ark. App. 237, 40 S.W.3d 344. As a general rule, orders of remand are not final and appealable. Id. To be final, an order must dismiss the parties from the court, discharge them from the action, or conclude their rights as to the cause of action. Humphrey v. Faulkner Nursing Ctr., 61 Ark. App. 48, 964 S.W.2d 224 (1998).

Here, Salley testified that he had been drawing short-term disability. Because of this testimony the Commission, in addition to awarding benefits related to Salley's back injury, remanded the case to the law judge for consideration of the applicability of Arkansas Code Annotated section 11-9-411 (Repl. 1996) in determining temporary total disability benefits. Thus, there has been no final determination on the issue of temporary total disability benefits, and the Commission's decision is not a final, appealable order.

Dismissed.

Baker and Roaf, JJ., agree.