McKim v. C & S Wholesale Grocers, Incorporated

CASE NO. 4565 CRB-1-02-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 10, 2002

DARYL R. MCKIM

CLAIMANT-APPELLEE

v.

C & S WHOLESALE GROCERS, INCORPORATED

EMPLOYER

and

FIDELITY & GUARANTY INSURANCE

c/o CUNNINGHAM LINDSEY CLAIMS, INC.

INSURER

RESPONDENTS-APPELLANTS

ORDER

The respondents have filed a Petition for Review from the trial commissioner’s August 23, 2002 § 31-308a Order. The order was issued as the result of an informal hearing. No transcript or exhibits exist. Thus, there is no record for this board to properly consider this appeal pursuant to Sec. 31-301. Consequently, this matter is not ripe for appellate review. Therefore, the appeal is remanded to the First District for a formal hearing or other appropriate action. See Rizor v. International Ice Cream Corp., 4206 CRB-1-00-3 (May 24, 2000); Lirot v. Mashantucket Pequot Gaming, 3400 CRB-2-96-8 (April 7, 1997); Muldoon v. New England Installation, 3415 CRB-4-96-8 (November 3, 1997); 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).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission