Lirot v. Mashantucket Pequot Gaming

CASE NO. 3400 CRB-2-96-8

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 7, 1997

MARY LIROT

CLAIMANT-APPELLANT

v.

MASHANTUCKET PEQUOT GAMING

EMPLOYER

and

TRAVELERS INSURANCE CO.

INSURER

RESPONDENTS-APPELLEES

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.

The respondents were represented by Kenneth DeLorenzo, Esq., Law Offices of Christine Harrigan, Esq., City Place, 185 Asylum St., Hartford, CT 06103.

The claimant’s Motion to Submit Additional Evidence, along with the claimant’s Petition for Review from the August 5, 1996 oral rulings of the Commissioner acting for the Second District, was heard January 24, 1997 before a Compensation Review Board Panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

OPINION

JESSE M. FRANKL, CHAIRMAN. The claimant has filed a petition for review from several oral rulings issued on August 5, 1996 by the trial commissioner acting for the Second District. The claimant has also filed a motion to submit additional evidence.

Because there was no formal hearing in this case, there are neither exhibits nor a transcript for this board to review on appeal. Section 31-301(b) requires this board to review a trial commissioner’s decision on the record of the proceedings below. We cannot fulfill that function here, as there is no record for this board to review. We are thus unable to determine the correctness of the trial commissioner’s oral rulings. See Anguish v. TLM, Inc., 14 Conn. Workers’ Comp. Rev. Op. 195, 196-97, 2286 CRB-7-95-1 (July 13, 1995); Laime v. American Standard, 9 Conn. Workers’ Comp. Rev. Op. 62, 63, 914 CRD-2-89-9 (Feb. 6, 1991).

Accordingly, this matter is remanded to the Second District for a formal hearing or other appropriate action.

Commissioners James J. Metro and John A. Mastropietro concur.