Pagan v. Carey Wiping Materials, Inc.

CASE NO. 5700 CRB-6-11-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 30, 2011

SONIA N. PAGAN

CLAIMANT-APPELLANT

v.

CAREY WIPING MATERIALS, INC.

EMPLOYER

and

THE HARTFORD

INSURER

RESPONDENTS-APPELLEES

REMAND ORDER

Claimant filed a Petition for Review November 15, 2011 as the result of the trial commissioner’s October 28, 2011 ruling approving respondents Form 36. Said ruling was the 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 Sixth District for a Formal Hearing or other appropriate action. See Chung v. TTM Technologies, Inc., 5675 CRB-2-11-8 (August 23, 2011); Coccagna v. Henderson Global Investors, Inc., 5653 CRB-1-11-5 (May 25, 2011).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission