Mirabelle v. FGH Contracting Corp.

CASE NO. 5644 CRB-7-11-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 26, 2011

ROBERT MIRABELLE

CLAIMANT-APPELLANT

v.

FGH CONTRACTING CORP.

EMPLOYER

and

NEW YORK STATE INSURANCE FUND

INSURER

RESPONDENTS-APPELLEES

ORDER

Claimant has filed an appeal from an oral order of the trial commissioner granting respondents Form 36. The order was the result of an informal hearing held April 11, 2011. No record exists. 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 Seventh District for a formal hearing or other appropriate action. See Vitone v. C & C Hydraulics, Inc., 5539 CRB-5-10-3 (April 26, 2010).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission