Tomlinson v. State of Connecticut Department of Developmental Services (“DDS”) – North Region

CASE NO. 6020 CRB-8-15-6

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JULY 15, 2015

BERYL TOMLINSON

CLAIMANT-APPELLANT

v.

STATE OF CONNECTICUT DEPARTMENT OF DEVELOPMENTAL SERVICES (“DDS”) – NORTH REGION

EMPLOYER

SELF-INSURED

RESPONDENT-APPELLEE

and

GALLAGHER BASSETT SERVICES, INC.

ADMINISTRATOR

REMAND ORDER

On June 26, 2015 claimant filed a Petition for Review from the trial commissioner’s June 9, 2015 Order approving respondent’s Form 36. The order was issued as the result of an informal hearing held June 8, 2015. 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 pursuant to Sec. 31-301(a). The matter is therefore remanded to the trial commissioner acting for the First District for a Formal Hearing or other appropriate action.

See, Pagan v. Carey Wiping Materials, Inc., 5700 CRB-6-11-11 (November 30, 2011), Chung v. TTM Technologies, Inc., 5675 CRB-2-11-8 (August 23, 2011).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission