CASE NO. 5803 CRB-4-12-11
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
DECEMBER 11, 2012
JEWISH HOME FOR THE ELDERLY
WORKERS’ COMPENSATION TRUST
Respondent filed a Petition for Review on November 30, 2012 from the trial commissioner’s November 21, 2012 Sec. 31-294d Order. The order was issued as the 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 Fourth District for a Formal Hearing or other appropriate action. See Torres v. Family Care Visiting Nurse Agency, 5684 CRB-4-11-9 (October 11, 2011).
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission