Ferguson v. State of Connecticut/Norwich State Hospital

CASE NO. 3045 CRB-2-95-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 8, 1995

LYNN FERGUSON

CLAIMANT-APPELLANT

v.

STATE OF CONNECTICUT/NORWICH STATE HOSPITAL

EMPLOYER

SELF INSURED

RESPONDENT-APPELLEE

and

ALEXSIS, INC.

SELF-INSURED ADMINISTRATOR

APPEARANCES:

The claimant was represented by Mario Paul Mikolitch, Esq., 300 Captain’s Walk, Suite 204, New London, CT 06320, who did not appear at oral argument.

Respondent State of Connecticut was represented by Michael Belzer, Esq., Assistant Attorney General, 55 Elm Street, P. O. Box 120, Hartford, CT 06141-0120.

This Petition for Review from the March 20, 1995 Approval of the Form 36 of the Commissioner acting for the Second District was heard September 22, 1995 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Roberta Smith Tracy and Amado J. Vargas.

ORDER OF DISMISSAL

JESSE M. FRANKL, CHAIRMAN. The claimant has filed a petition for review from the March 20, 1995 Approval of the Form 36 (“Notice to Compensation Commissioner and Employee of Intention to Discontinue or Reduce Payments”) which was issued by the Commissioner acting for the Second District.

The trial commissioner’s approval of the Form 36 was based upon an informal hearing. There has not been a formal hearing on this issue, and thus there is no transcript and no findings of fact have been issued. We have held that where 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 (the) appeal in accordance with General Statutes Sec. 31-301-1.” Gomes v. O & G Industries, 12 Workers’ Comp. Rev. Op. 232, 1610 CRB-4-92-12 (March 23, 1994) (citing Vasseur v. Konica Business Machines, 10 Conn. Workers’ Comp. Rev. Op. 228, 1467 CRB-1-92-7 (1993)).

The claimant’s appeal is therefore dismissed.

Commissioners Roberta Smith Tracy and Amado J. Vargas concur.