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CASE NO. 5660 CRB-1-11-6
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
AUGUST 2, 2011
EDWARD PETIT, JR.
CLAIMANT-APPELLEE
v.
COCA COLA ENTERPRISES
EMPLOYER
and
SEDGWICK CMS
INSURER
RESPONDENTS-APPELLANTS
Respondent filed an appeal as the result of two orders issued by the trial commissioner acting for the First District. Said orders C.G.S. § 31-302 Commutation Order and C.G.S. § 31-288(c) Non-Compliance Citation Order were issued June 22, 2011 as the result of a Pre-Formal hearing. No record exists. Due process requires an evidentiary hearing where a record can be created. Absent a record this board cannot properly consider an appeal pursuant to Sec. 31-301(a). The matter is therefore remanded to the First District for a Formal Hearing or other appropriate action. See Brennan v. Comcast Corporation, 5638 CRB-6-11-3 (April 1, 2011).
John A. Mastropietro, Chairman
Compensation Review Board
Workers Compensation Commission
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