Young v. North American Family Institute

CASE NO. 6350 CRB-5-19-10

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 8, 2019

TERESA YOUNG

CLAIMANT-APPELLANT

v.

NORTH AMERICAN FAMILY INSTITUTE

EMPLOYER

and

BROADSPIRE

INSURER

RESPONDENTS-APPELLEES

REMAND ORDER

On October 3, 2019, claimant filed a Petition for Review from the trial commissioner’s September 23, 2019 ruling granting respondent’s Form 36. The ruling was the result of an informal hearing. It appears 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 pursuant to Sec. 31-301 (a). The matter is therefore remanded to the trial commissioner acting for the Fifth District for a formal hearing or other appropriate action. See Coccagna v. Henderson Global Investors, Inc., 5653 CRB-1-11-5 (May 25, 2011).

Stephen M. Morelli, Chairman

Compensation Review Board

Workers’ Compensation Commission