Pattison v. Hartford Hospital-Dept. of Occupational Health

CASE NO. 5702 CRB-1-11-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 8, 2011

DAVID PATTISON

CLAIMANT-APPELLANT

v.

HARTFORD HOSPITAL-DEPT. OF OCCUPATIONAL HEALTH

EMPLOYER

and

ST. PAUL TRAVELERS

INSURER

RESPONDENTS-APPELLEES

REMAND ORDER

On October 6, 2011 respondents Form 36 was approved by the trial commissioner acting for the Fifth District. On November 10, 2011 the trial commissioner acting for the Fifth District issued a ruling approving respondents Form 36 effective October 6, 2011 “for MMI.” Claimant filed an appeal on November 17, 2011. 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 Fifth District for a Formal Hearing or other appropriate action. See Pagan v. Carey Wiping Materials, Inc., 5700 CRB-6-11-11 (November 30, 2011); Chung v. TTM Technologies, Inc., 5675 CRB-2-11-8 (August 23, 2011).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission