Interlocutory Appeals

Section 5300 Section 5300.1170  Interlocutory Appeals a)         If a Party desires to appeal to the appellate court an Order of a 3-member panel or the full Commission which is not final, a motion for appropriate findings must be made in writing within 14 days after the date of entry of the Order in question.  The procedure for consideration of such motions shall be as described in Sections 5300.805 - 5300.865 of this Part. b)         The filing of a motion under this Section does not act as an automatic stay of the Order in question.  If a Party wants the effect of the Order to be stayed while the motion for findings is being considered, this relief must be requested in the motion.  If the motion for findings is granted, the Commission will automatically stay proceedings pending a ruling by the appellate court. c)         The 3-member panel or the full Commission will grant the motion for findings if it finds that the Order in question involves a question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the Order may materially advance the ultimate termination of the litigation. d)         If the Commission makes the required findings, the moving Party must file an application for leave to appeal within 14 days after their entry, in accordance with Supreme Court Rule 308.