Muldoon v. New England Installation et al.

CASE NO. 3415 CRB-4-96-8

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 3, 1997

JEAN MULDOON, surviving widow of JOHN MULDOON

CLAIMANT-APPELLEE

v.

NEW ENGLAND INSTALLATION

EMPLOYER

RESPONDENT-APPELLEE

and

LIBERTY MUTUAL INSURANCE CO.

INSURER

RESPONDENT-APPELLANT

and

C.N. FLAGG & COMPANY

EMPLOYER

and

LIBERTY MUTUAL INSURANCE COMPANY

INSURER

and

KEMPER GROUP

INSURER

and

CROUSE NUCLEAR ENERGY

EMPLOYER

RESPONDENTS-APPELLEES

and

ZURICH INSURANCE CO.

INSURER

and

HOME INSURANCE CO.

INSURER

RESPONDENTS-APPELLANTS

and

CUMMINGS INSULATION CO.

EMPLOYER

and

CNA INSURANCE

INSURER

RESPONDENTS-APPELLEES

and

AMERICAN GUARANTEE & LIABILITY INSURANCE CO.

INSURER

RESPONDENTS-APPELLANTS

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Robert Carter, Esq., Carter & Civitello, One Bradley Rd., Woodbridge, CT 06525.

The respondent appellants Home Insurance, Liberty Mutual Insurance, Zurich Insurance, and American Guarantee & Liability Insurance were represented by James J. Sullivan, Esq., Maher & Williams, 1300 Post Road, P.O. Box 550, Fairfield, CT 06430.

The respondents Cummings Insulation and CNA Insurance were represented by Howard Levine, Esq., Law Offices of Grant Miller, 29 South Main St., West Hartford, CT 06107.

The respondent Kemper Insurance was represented by Tracy Cleary, Esq., Law Offices of Michael Brodinsky, P.O. Box 35, North Haven, CT, 06473.

The Second Injury Fund was represented by Michael Belzer, Esq., Assistant Attorney General, 55 Elm St., P.O. Box 120, Hartford, CT 06141-0120.

This Petition for Review from the August 27, 1996 Finding and Award of the Commissioner acting for the Fourth District was heard February 28, 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 respondents Liberty Mutual Insurance, Zurich-American Insurance, Home Insurance Company, and American Guarantee & Liability Insurance (hereinafter “respondents”) have petitioned for review from the August 27, 1996 Finding and Award of the Commissioner acting for the Fourth District. In that decision, the trial commissioner ordered the respondents to reimburse the Fund for payments made by the Fund pursuant to § 31-301(f). In support of their appeal, the respondents’ sole contention1 is that there is an inadequate record for review because the trial commissioner’s decision was based on an informal hearing rather than a formal hearing.

The trial commissioner’s decision in the instant case was based upon an informal hearing. Thus, no transcript or exhibits exist regarding the underlying proceeding. Accordingly, we are unable to engage in a meaningful review and cannot properly consider this appeal in accordance with § 31-301. See Warchola v. U.S. Gypsum Specialists, 11 Conn. Workers’ Comp. Rev. Op. 108, 1444 CRB 1-92-6 (June 2, 1993); Nevers v. Environmental Waste Removal, 10 Conn. Workers’ Comp. Rev. Op. 96, 1166 CRD-5-91-1 (April 23, 1992); Kempesta v. Hendels Gas and Oil Co., 9 Conn. Workers’ Comp. Rev. Op. 152, 998 CRD-2-90-4 (June 5, 1991).

This matter is remanded to a trial commissioner for a formal hearing.

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

1 At oral argument before this Board, Attorney James L. Sullivan specifically abandoned his argument regarding the applicability of Green v. General Dynamics Corp., 44 Conn. App. 112 (1996). BACK TO TEXT