CASE NO. 6162 CRB-5-16-11
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
DECEMBER 16, 2016
LIBERTY MUTUAL INSURANCE
On November 7, 2016 subsequent to a Pre-Formal hearing the trial commissioner acting for the Fifth District issued a ruling granting claimants Motion to Preclude. An appeal was filed November 28, 2016 by respondents Burger King and Liberty Mutual Insurance. No record exists. Due process requires an evidentiary hearing wherein a record can be created in order for the Compensation Review Board to properly review or consider this appeal pursuant to Sec. 31-301(a).
This matter is therefore remanded to the Fifth District for a Formal Hearing or other appropriate action. See Alley v. Performance Landex, LLC, 6094 CRB-7-16-5 (May 12, 2016).
John A. Mastropietro, Chairman
Compensation Review Board
Workers Compensation Commission