Davies v. Coca Cola Bottling Company

CASE NO. 5491 CRB-6-09-8

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

AUGUST 28, 2009

ANDREW DAVIES

CLAIMANT-APPELLEE

v.

COCA COLA BOTTLING COMPANY

EMPLOYER

and

SEDGWICK/CMS

INSURER

RESPONDENTS-APPELLANTS

ORDER

Respondent filed a Petition for Review August 10, 2009 from the trial commissioner’s July 20, 2009 Sec. 31-308a Order. The order was issued subsequent to an informal hearing. No record exists. Absent a record, this board cannot properly consider an appeal pursuant to Sec. 31-301. The matter is therefore remanded to the trial commissioner acting for the Sixth District for a Formal Hearing or other appropriate action. See Pratt v. Town Fair Tire Centers, Inc., 5462 CRB-7-09-5 (June 3, 2009).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission