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Alley v. Performance Landex, LLC

CASE NO. 6094 CRB-7-16-5

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MAY 12, 2016

JAMIE ALLEY

CLAIMANT-APPELLEE

v.

PERFORMANCE LANDEX, LLC

EMPLOYER

and

LIBERY MUTUAL INSURANCE CO.

INSURER

RESPONDENTS-APPELLANTS

REMAND ORDER

On May 3, 2016 respondents filed a Petition for Review from the commissioner acting for the Seventh District’s April 19, 2016 Order denying respondents’ Form 36. The Order was issued as the result of an informal hearing wherein no record exists. Due process requires an evidentiary hearing where a record can be created. This board cannot properly consider this appeal under Sec. 31-301(a).

The matter is therefore remanded to the trial commissioner for a Formal Hearing or other appropriate action. See, Passalugo v. Guida-Seibert Dairy Company, 5796 CRB-6-12-11 (November 27, 2012), Chung v. TTM Technologies, Inc., 5675 CRB-2-11-8 (August 23, 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.