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CASE NO. 5684 CRB-4-11-9
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
OCTOBER 11, 2011
LUZ TORRES
CLAIMANT-APPELLEE
v.
FAMILY CARE VISITING NURSE AGENCY
EMPLOYER
and
WORKERS’ COMPENSATION TRUST
INSURER
RESPONDENTS-APPELLANTS
RESPONDENTs filed a Petition for Review September 21, 2011 from the trial commissioner’s September 12, 2011 Sec. 31-294d Order. The order was issued as a result of an informal hearing. No record exists. Due process requires an evidentiary hearing wherein 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 trial commissioner acting for the Fourth District for a Formal Hearing or other appropriate action. See Barlow v. Charlotte Hungerford Hospital, 5645 CRB-5-11-4 (May 10, 2011).
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission
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