Almohtasib v. D’Angelo Sandwich Shop

CASE NO. 5249 CRB-8-07-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

AUGUST 21, 2007

OSAMA ALMOHTASIB

CLAIMANT-APPELLEE

v.

D’ANGELO SANDWICH SHOP

EMPLOYER

and

ACE USA

INSURER

RESPONDENTS-APPELLANTS

ORDER

Respondent has filed a Petition for Review from the trial commissioner’s July 20, 2007 Order directing a commissioner’s examination of the claimant. Sec. 31-294f states “[a]n injured employee shall submit himself to examination by a reputable practicing physician or surgeon, at any time while claiming or receiving compensation, upon the reasonable request of the employer or at the direction of the commissioner.” (underlining ours)

Respondent’s appeal from the trial commissioner’s Order subsequent to an informal hearing is premature. No record exists. Absent a record this board cannot properly consider an appeal. This matter is therefore remanded to the trial commissioner acting for the Eighth District for a Formal Hearing or other appropriate action. See, Miller v. Blue Bell Mattress Company, Inc., 4889 CRB-1-04-12 (December 17, 2004); Rios v. Boehle’s Express, 4726 CRB-6-03-9 (October 8, 2003); Pantanella v. Enfield Ford, 4720 CRB-1-03-9, 4721 CRB-1-03-9 (September 18, 2003).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission