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CASE NO. 5796 CRB-6-12-11
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
NOVEMBER 27, 2012
JUSTIN PASSALUGO
CLAIMANT-APPELLANT
v.
GUIDA-SEIBERT DAIRY COMPANY
EMPLOYER
and
LIBERTY INSURANCE COMPANY
RESPONDENTS-APPELLEES
On November 5, 2012 claimant filed a Petition for Review from the trial commissioner’s October 23, 2012 order granting respondent’s Form 36. The order was issued as a result of an informal hearing. No record exists. Due process requires an evidentiary hearing wherein a record can be created. Absent a record this board cannot properly consider an appeal under Sec. 31-301(a). The matter is therefore remanded to the trial commissioner acting for the Sixth District for a Formal Hearing or other appropriate action. See West v. Stratford, 5759 CRB-4-12-6 (June 21, 2012); Pagan v. Carey Wiping Materials, Inc., 5700 CRB-6-11-11 (November 30, 2011).
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission
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CRB OPINIONS AND ANNOTATIONS |