Barrett v. Best Buy Auto, LLC

CASE NO. 5294 CRB-3-07-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 10, 2007

REGINA BARRETT, Surviving spouse of MATTHEW BARRETT, Deceased

CLAIMANT-APPELLEE

v.

BEST BUY AUTO, LLC

EMPLOYER

NO RECORD OF INSURANCE

RESPONDENT-APPELLEE

and

SECOND INJURY FUND

RESPONDENT-APPELLANT

ORDER

The Respondent, Second Injury Fund has filed an appeal from the trial commissioner’s November 1, 2007 Order imposing a 20% penalty for late payment pursuant to Sec. 31-303. Said order was issued as the result of an informal hearing. No record exists. Absent a record this board cannot properly consider this appeal pursuant to Sec. 31-301(a). The matter is therefore remanded to the trial commissioner acting for the Third District for a Formal Hearing or other appropriate action. See Terlecky v. Stanley Works, Inc., 5277 CRB-6-07-10 (October 22, 2007).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission