Caggiano v. Shaw’s Supermarkets, Incorporated

CASE NO. 4984 CRB-1-05-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

AUGUST 25, 2005

ANTHONY CAGGIANO

CLAIMANT-APPELLEE

v.

SHAW’S SUPERMARKETS, INCORPORATED

EMPLOYER

SELF-INSURED

RESPONDENT-APPELLANT

and

SEDGWICK CLAIMS MANAGEMENT SERVICES

ADMINISTRATOR

ORDER

Respondent-Appellant has filed three petitions for review in the above-named matter. The first petition filed on July 26, 2005 is from the trial commissioner’s bench ruling at a pre-formal hearing held July 11, 2005. That petition for review was subsequently withdrawn by letter dated August 8, 2005. The second petition for review was filed on August 1, 2005 from the trial commissioner’s July 27, 2005 31-308a Order. The third petition for review was filed August 10, 2005 from the trial commissioner’s August 2, 2005 Amended 31-308a Order. There is no record of the proceedings below as the orders were issued as a result of a pre-formal hearing. No transcripts or exhibits exist. Respondent’s withdrawal of their petition filed on July 26, 2005 is accepted. The subsequent appeals are remanded to the trial commissioner acting for the First District for a formal hearing or other appropriate action as this board cannot adequately consider the appeal pursuant to Sec. 31-301 absent a record. See, Cichy v. MTU Aero Engines of America, 4882 CRB-6-04-10 (December 2, 2004); Ginsberg v. Combined Insurance Co., 4875 CRB-6-04-10 (November 17, 2004).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission