Cote v. Lowe’s Home Centers, Inc.

CASE NO. 6302 CRB-1-18-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 3, 2019

ROBERT A. COTE

CLAIMANT-APPELLEE

v.

LOWE’S HOME CENTERS, INC.

EMPLOYER

and

SEDGWICK CMS, INC.

ADMINISTRATOR

RESPONDENTS-APPELLANTS

REMAND ORDER

Respondents filed a Petition for Review on December 21, 2018, as the result of the December 3, 2018 Sec. 31-308a Order by the Commissioner acting for the First District. It appears no record exists. Due process requires an evidentiary hearing where a record can be created. The Compensation Review Board cannot review or consider this appeal under General Statutes Section 31-301(a).

The matter is therefore remanded 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).

Stephen M. Morelli, Chairman

Compensation Review Board

Workers’ Compensation Commission