State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Passalugo v. Guida-Seibert Dairy Company

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

REMAND ORDER

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

Workers’ Compensation Commission

Page last revised: November 27, 2012

Page URL: http://wcc.state.ct.us/crb/2012/5796crbremand.htm

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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