Gomes v. O & G Industries

CASE NO. 1610 CRB-4-92-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 23, 1994

TONY GOMES

CLAIMANT-APPELLANT

v.

O & G INDUSTRIES

EMPLOYER

and

HARTFORD INSURANCE GROUP

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Michael A. Stratton, Esq., Koskoff, Koskoff & Bieder, 350 Fairfield Avenue, Bridgeport, CT 06604 who neither filed a brief nor appeared at oral argument.

The respondents were represented by Margaret Corrigan, Esq. and James L. Pomeranz, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033.

This Petition for Review from an informal hearing of the Commissioner acting for the Fourth District was heard June 11, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George A. Waldron and Donald H. Doyle, Jr.

OPINION

JESSE FRANKL, CHAIRMAN. The claimant filed a Petition for Review on December 15, 1992 from the trial commissioner’s oral ruling granting the respondents’ Form 36. The respondents have moved to dismiss this appeal on the ground that there was no formal hearing, no transcript taken and no Finding and Award issued.

Since there is no written or printed record of the proceedings before the trial commissioner and no Finding and Award, the Compensation Review Board cannot properly consider this appeal in accordance with General Statutes Sec. 31-301-1. See, e.g., Vasseur v. Konica Business Machines, 10 Conn. Workers’ Comp. Rev. Op. 228, 1467, CRB-1-92-7 (1993), and cases cited therein.

The appeal is therefore dismissed as there must be further proceedings below before an appeal will lie.

Commissioners George A. Waldron and Donald H. Doyle, Jr. concur.