Eldridge v. Transport Drivers

CASE NO. 2229 CRB-2-94-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 4, 1995

JOHN ELDRIDGE

CLAIMANT-APPELLANT

v.

TRANSPORT DRIVERS

EMPLOYER

and

INS CO OF PA/GAB

INSURER

RESPONDENTS-APPELLEES

DISMISSAL ORDER

The trier’s approval of Respondents’ Form 36 was predicated on the basis of an informal hearing. Thus, no record exists as to the underlying proceeding. Without a record of the underlying proceeding we are unable to engage in meaningful review and cannot properly consider this appeal in accordance with §31-301 C.G.S. See e.g., Warchola v. U.S. Gypsum Specialists, 11 Conn. Workers’ Comp. Rev. Op. 108, 1444 CRB 1-92-6 (1993); Nevers v. Environmental Waste Removal, 10 Conn. Workers’ Comp. Rev. Op. 96, 1166 CRD-5-91-1 (1992); Kempesta v. Hendels Gas and Oil Co., 9 Conn. Workers’ Comp. Rev. Op. 152, 998 CRD-2-90-4 (1991).

Therefore, the appeal is dismissed as there must be further proceedings in order to assure an adequate record.

Jesse M. Frankl, Chairman

Compensation Review Board

Workers’ Compensation Commission