Proto v. Novicki Electric

CASE NO. 6382 CRB-5-20-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 31, 2020

JOSEPH PROTO

CLAIMANT-APPELLEE

v.

NOVICKI ELECTRIC

EMPLOYER

and

CONNECTICUT INSURANCE GUARANTY ASSOCIATION

INSURER

RESPONDENTS-APPELLANTS

REMAND ORDER

Respondents-Appellants filed a Petition for Review on March 13, 2020, resulting from the trial commissioner’s February 26, 2020 Order for a “One-time evaluation with Mark Altman, M.D. for the right wrist/hand.” No transcripts or exhibits exist; therefore, it appears no record was created upon which the board can reach a determination on the issues presented in this appeal. Due process requires an evidentiary hearing at which 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 to the trial commissioner acting for the Fifth District for a formal hearing or other appropriate action. See Terracciano v. Learn, 6325 CRB-2-19-5 (May 29, 2019).