Reith v. Alpine Tree Care

CASE NO. 3556 CRB-7-97-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 4, 1997

DONALD REITH

CLAIMANT-APPELLEE

v.

ALPINE TREE CARE

EMPLOYER

and

AIG CLAIM SERVICES

INSURER

RESPONDENT-APPELLANTS

APPEARANCES:

The claimant did not appear at oral argument.

The respondents were represented by Michael McAuliffe, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Blvd., Glastonbury, CT 06033.

This Petition for Review from the March 6, 1997 Order of the Commissioner acting for the Seventh District was heard September 19, 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 respondents have petitioned for review from the March 6, 1997 Order of the Commissioner acting for the Seventh District. In that decision, the trial commissioner awarded benefits pursuant to § 31-308a C.G.S. In support of their appeal, the respondents contend that there is an inadequate record for review because the trial commissioner’s decision was based on an informal hearing rather than a formal hearing. We agree.

The trial commissioner’s decision in the instant case was based upon an informal hearing. Thus, no transcript or exhibits exist regarding the underlying proceeding. Accordingly, we are unable to engage in a meaningful review and cannot properly consider this appeal in accordance with § 31-301. See Warchola v. U.S. Gypsum Specialists, 11 Conn. Workers’ Comp. Rev. Op. 108, 1444 CRB-1-92-6 (June 2, 1993); Nevers v. Environmental Waste Removal, 10 Conn. Workers’ Comp. Rev. Op. 96, 1166 CRD-5-91-1 (April 23, 1992); Kempesta v. Hendels Gas and Oil Co., 9 Conn. Workers’ Comp. Rev. Op. 152, 998 CRD-2-90-4 (June 5, 1991).

This matter is remanded to another trial commissioner for a formal hearing.

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