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CASE NO. 6241 CRB-5-17-12
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
FEBRUARY 5, 2018
DAWN C. HEMINGWAY
STATE OF CONNECTICUT/DEPT. OF DEVELOPMENTAL SERVICES WEST REGION
GALLAGHER BASSETT SERVICES, INC.
The claimant filed a Petition for Review on January 25, 2018 from the December 12, 2017 31-308a Order issued by the trial Commissioner acting for the Fifth District. No transcripts or exhibits exists, therefore it appears no record exists. Due process requires an evidentiary hearing where a record can be created. Absent a record, the Compensation Review Board cannot properly consider an appeal pursuant to General Statutes § 31-301(a).
This matter is therefore remanded to the trial Commissioner acting for the Fifth District for a formal hearing or other appropriate action. See Rodriguez v. State/Department of Developmental Services, 5893 CRB-5-13-10 (November 22, 2013); Macbride v. Connecticut Energy Corp., 5668 CRB-3-11-7 (August 5, 2011).
John A. Mastropietro, Chairman
Compensation Review Board
Workers Compensation Commission