Rodriguez v. State of Connecticut/Department of Developmental Services

CASE NO. 5893 CRB-5-13-10

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 22, 2013

MARIA RODRIGUEZ

CLAIMANT-APPELLEE

v.

STATE OF CONNECTICUT/DEPARTMENT OF DEVELOPMENTAL SERVICES

EMPLOYER

SELF-INSURED

RESPONDENT-APPELLANT

and

GALLAGHER BASSETT SERVICES, INC.

ADMINISTRATOR

REMAND ORDER

The Respondent Employer filed a Petition for Review from an October 15, 2013 31-308a Order – Post Specific. The order is from an informal 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 appeal is therefore remanded to the trial commissioner acting for the Fifth District for a Formal Hearing or other appropriate action. See Macbride v. Connecticut Energy Corp., 5668 CRB-3-11-7 (August 5, 2011).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission