Pecl v. Southington Dental Associates P.C.

CASE NO. 6377 CRB-6-20-2

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 19, 2020

FRANCESCA PECL

CLAIMANT-APPELLANT

v.

SOUTHINGTON DENTAL ASSOCIATES P.C.

EMPLOYER

and

THE HARTFORD

INSURER

RESPONDENTS-APPELLEES

REMAND ORDER

Claimant-Appellant filed a Petition for Review on February 5, 2020, resulting from the trial commissioner’s ruling on the January 22, 2020 “Motion to Disqualify Commissioner Watson III and All Commissioners with Appearance of Conflict of Interest and Bias.” No transcripts or exhibits exist; therefore, it appears no record was created upon which the board can reach a determination on the issues presented in this appeal. Due process requires an evidentiary hearing at which a record can be created. The Compensation Review Board cannot review or consider this appeal under General Statutes Section 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 Terracciano v. Learn, 6325 CRB-2-19-5 (May 29, 2019).

Stephen M. Morelli, Chairman

Compensation Review Board

Workers’ Compensation Commission