McClain v. Marketstar Corporation

CASE NO. 5566 CRB-4-10-6

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JULY 6, 2010

DONNELL MCCLAIN

CLAIMANT-APPELLEE

v.

MARKETSTAR CORPORATION

EMPLOYER

and

XL INSURANCE AMERICAN, INC.

C/O GALLAGHER BASSETT SERVICES

INSURER

RESPONDENTS-APPELLANTS

ORDER

Respondents have filed a Petition for Review from the trial commissioner’s June 10, 2010 Informal Disfigurement Evaluation. Absent a record this board cannot properly consider an appeal pursuant to Sec. 31-301(a). This matter is therefore remanded to the trial commissioner acting for the Fourth District for a Formal Hearing or other appropriate action. See Yupangui v. Kentucky Fried Chicken, 5520 CRB-7-09-12 (January 20, 2010); Archer v. Goodwill Industries, 5498 CRB-1-09-9 (October 14, 2009).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission