Link v. Town of Easton

CASE NO. 5130 CRB-4-06-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 12, 2006

REGINA LINK

CLAIMANT-APPELLANT

v.

TOWN OF EASTON

EMPLOYER

and

SPECIALTY RISK SERVICES

INSURER

RESPONDENTS-APPELLEES

DISMISSAL ORDER

The claimant has filed a Petition for Review on the basis of letters she received from the Commissioner acting for the Fourth District. The letters from which the claimant appeals are dated August 15, 2006 and August 31, 2006. Both letters concern matters relating to procedural aspects of claims now pending before the commissioner. In the letter dated August 15, 2006 the trial commissioner stated that the claimant’s subpoena application would be considered at a future hearing. The commissioner’s letter dated August 31, 2006 indicates that a future hearing would take up the matter of claimant’s § 31-290a claim. The letter also reflects the commissioner’s intention to hear the Respondent’s Motion To Stay dated August 7, 2006.

On September 25, 2006 respondent’s counsel filed a Motion to Dismiss.

The claimant’s appeal petition filed September 8, 2006 does not reference a finding, decision or order of the commissioner from which an appeal may be taken pursuant to § 31-301(a). Furthermore, as of the date the claimant filed her Petition for Review, further proceedings were scheduled and thus, arguably the issues for which the claimant seeks review are not ripe for our consideration. See Kovalik v. E. Stiewing Movers, Inc., 4556 CRB-7-02-8 (August 29, 2002). Additionally, we note the instant appeal appears to relate to claims sought under § 31-290a. Section 31-290a provides in pertinent part: “[a]ny party aggrieved by the decision of the commissioner may appeal the decision to the Appellate Court.”

Furthermore, we note that as a hearing on these issues has yet to be held there is no record to review. Without an adequate record we cannot conduct a meaningful review pursuant to § 31-301.

Therefore, the appeal is dismissed.

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission