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West v. Town of Stratford

CASE NO. 5759 CRB-4-12-6

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 21, 2012

THOMAS WEST

CLAIMANT-APPELLEE

v.

TOWN OF STRATFORD

EMPLOYER

RESPONDENT-APPELLANT

and

PMA MANAGEMENT CORP.

ADMINISTRATOR

REMAND ORDER

Respondent has filed a Petition for Review as a result of the trial commissioner’s May 23, 2012 order denying a Form 36 filed on August 29, 2011. The order was issued subsequent to 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 under 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 Pagan v. Carey Wiping Materials, Inc., 5700 CRB-6-11-11 (November 30, 2011).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission

 

   You have reached the original website of the
   Connecticut Workers' Compensation Commission.

   Forms, publications, statutes, and most other
   information is now located at our NEW site:
   PORTAL.CT.GOV/WCC

CRB OPINIONS AND ANNOTATIONS
 
ARE STILL LOCATED AT THIS SITE WHILE IN THE
PROCESS OF BEING MIGRATED TO OUR NEW SITE.

Click to read CRB OPINIONS and CRB ANNOTATIONS.