Morgillo v. Ginnetti Trucking

CASE NO. 6009 CRB-3-15-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MAY 22, 2015

JOSEPH MORGILLO

CLAIMANT-APPELLEE

v.

GINNETTI TRUCKING

EMPLOYER

and

YORK RISK SERVICES GROUP, INC.

INSURER

RESPONDENTS-APPELLANTS

REMAND ORDER

A Petition for Review was filed on March 23, 2015 from a March 3, 2015 Sec. 31-288(b)(1) Order issued by the commissioner acting for the Third District. The Order was issued as the result of an informal hearing held February 24, 2015. Due process requires an evidentiary hearing.

No record exists. Absent a record the Compensation Review Board cannot properly consider this appeal. See Sec. 31-301.

The appeal is therefore remanded for a Formal Hearing or other appropriate action. See Morgillo v. Ginnetti Trucking, 5941 CRB-3-14-6 (July 15, 2014), Brennan v. Comcast Corporation, 5638 CRB-6-11-3 (April 1, 2011) and Torres v. Laidlaw Transit, 5544 CRB-4-10-4 (April 26, 2010).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission