Coles v. Star, Inc.

CASE NO. 3239 CRB-7-95-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 25, 1996

ANNE COLES

CLAIMANT-APPELLEE

v.

STAR, INC.

EMPLOYER

and

CONNECTICUT HOSPITAL ASSOCIATION WORKERS’ COMPENSATION TRUST

INSURER

RESPONDENTS-APPELLANTS

APPEARANCES:

The claimant was represented by James T. Baldwin, Esq., Coles, Baldwin & Craft, 1200 Post Road East, Westport, CT 06880.

The respondents were represented by John Letizia, Esq., Letizia & Ambrose, 1764 Litchfield Trnpk., Woodbridge, CT 06525.

This Petition for Review from the December 29, 1995 Finding and Order of the Commissioner acting for the Seventh District was heard October 11, 1996 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners George Waldron and Robin L. Wilson.

OPINION

JESSE M. FRANKL, CHAIRMAN. The respondents have petitioned for review from the December 29, 1995 Finding and Order of the Commissioner acting for the Seventh District. In that order, the trial commissioner authorized the claimant to treat with Dr. John L. Tortora. In support of their petition for review, the respondents contend that the trial commissioner improperly authorized medical treatment from a physician who was not included as an approved physician under the managed care plan established by the employer pursuant to § 31-279.

The trier’s approval of an authorized physician was predicated on the basis of an informal hearing. Thus, no record exists as to the underlying proceeding. Moreover, the trial commissioner did not issue findings of fact. Without a transcript or findings of fact, we are unable to engage in meaningful review and cannot properly consider this appeal in accordance with § 31-301 C.G.S. See 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 remanded for a formal hearing and decision by the trial commissioner.

Commissioners George Waldron and Robin L. Wilson concur.