Cutler v. S. Carpenter Construction Co.

CASE NO. 4737 CRB-6-03-10

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 3, 2003

CAL CUTLER

CLAIMANT APPELLANT

v.

S. CARPENTER CONSTRUCTION CO.

EMPLOYER

and

ST. PAUL FIRE & MARINE INSURANCE

INSURER

RESPONDENTS-APPELLEES

ORDER

Claimant filed Petitions for Review on October 3, 2003 from two separate rulings issued by the trial commissioner acting for the Sixth District. One ruling denied claimant’s Motion For Emergency Formal Hearing. The other ruling and Memorandum Denied Claimant’s Motion To Disqualify. Said rulings were issued absent a Formal Hearing on the record. Absent a record, this board cannot properly review this appeal under Sec. 31-301. No transcripts or exhibits exist. The matter is therefore remanded to the Sixth District for a Formal Hearing or other appropriate action. See Vetre v. State/Department of Administrative Services, 4728 CRB-6-03-9 (October 8, 2003); McKim v. C & S Wholesale Grocers, Inc., 4565 CRB-1-02-90 (October 10, 2002); Rizor v. International Ice Cream Corp., 4206 CRB-1-00-3 (May 24, 2000).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission