Flynn v. State of Connecticut/Department of Mental Health

CASE NO. 1602 CRB-1-92-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 16, 1993

BARBARA FLYNN

CLAIMANT-APPELLANT

v.

STATE OF CONNECTICUT/DEPARTMENT OF MENTAL HEALTH

EMPLOYER

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented at the trial level by George Lawler, Esq., 75 Berlin Road, Unit 111, Cromwell, CT 06416. On appeal the claimant appeared pro se but was assisted by Mary Osgood Reynolds, Esq. (licensed in the State of New York).

The respondent was represented by Philip M. Schulz, Esq., Assistant Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06101-0120

This Petition for Review from the December 18, 1992 Finding and Award of the Commissioner Acting for the First District was heard June 11, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George Waldron and Donald H. Doyle.

OPINION

JESSE FRANKL, CHAIRMAN. The claimant petitioned for review from the December 18, 1992 Finding and Award of the Compensation Commissioner acting for the First District. In that Finding and Award, the trial commissioner ordered that; the claimant be paid temporary total benefits without prejudice for a period of 12 weeks from December 9, 1992, certain payments be made to Lawlor, D.C., and that claimant be examined by Dr. Grayson.1

The trial commissioner indicates in the Finding and Award that it was rendered “by agreement of the parties” at a hearing held December 9, 1992. However, it does not appear that the matter below was ever heard on the record nor was the agreement to which the trial commissioner refers ever signed by any of the parties. Thus, without a transcript of the proceedings below and/or some written documentation that the parties did indeed agree as the trial commissioner found, this tribunal cannot engage in any meaningful appellate review. See e.g., Bogli v. Glastonbury, 10 Conn. Workers’ Comp. Rev. Op. 226, 1537 CRB-8-92-10 (1992).

We therefore remand the instant matter for further proceedings.

Commissioners George Waldron and Donald H. Doyle concur.

1 Other documents in the instant file indicate that Dr. Lawlor is Dr. Peter J. Lawler, D.C., and Dr. Grayson is Dr. Donald Grayson, Ph.D. BACK TO TEXT