Aquino v. Clairol, Inc.

CASE NO. 3527 CRB-7-97-1

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

SEPTEMBER 17, 1997

GEORGIANA AQUINO

CLAIMANT-APPELLEE

v.

CLAIROL, INC.

EMPLOYER

and

UTICA MUTUAL INSURANCE

INSURER

RESPONDENTS-APPELLANTS

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Joseph Tauber, Esq., 99 Prospect St., Stamford, CT 06901, who did not appear at oral argument.

The employer and Utica Mutual were represented by Robert Pinciaro, Esq., Mihaly & Kascak, 925 White Plains Rd., Trumbull, CT 06611.

The Second Injury Fund was represented by Michelle Truglia, Esq., Assistant Attorney General, 55 Elm St., P.O. Box 120, Hartford, CT 06141-0120, who did not appear at oral argument.

This Petition for Review from the January 23, 1997 Finding and Award of the Commissioner acting for the Seventh District was heard September 5, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners John A. Mastropietro and Stephen B. Delaney.

OPINION

JESSE M. FRANKL, CHAIRMAN. The employer and its insurer (“respondents”) have petitioned for review from the January 23, 1997 Finding and Award of the Commissioner acting for the Seventh District. The respondents’ representative advised the board that the claimant has agreed with the respondents that this matter should be remanded to the trial commissioner for a clarification of his Finding and Award. (See also, Letter from Joseph Tauber, Esq., to Chairman Frankl dated Aug. 1, 1997 stating that “...a remand by both sides is requested in essence to clarify the prior decision and award,...”).

Accordingly, this matter is remanded to the trial commissioner.

Commissioners John A. Mastropietro and Stephen B. Delaney concur.