Hemenway v. Town of Colchester/Board of Education

CASE NO. 6443 CRB-8-21-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 14, 2021

WILLIAM HEMENWAY

CLAIMANT-APPELLANT

v.

TOWN OF COLCHESTER/BOARD OF EDUCATION

EMPLOYER

and

PMA

INSURER

RESPONDENTS-APPELLEES

REMAND ORDER

The Claimant filed an appeal on September 23, 2021 from the September 20, 2021 ruling, by the Administrative Law Judge acting for the Eighth District, granting the Respondents’ Form 36. The ruling was the result of an informal hearing. It appears that 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 where a record can be created. The Compensation Review Board cannot properly review or consider this appeal under General Statutes Section 31-301 (a).

This matter is therefore remanded to the Administrative Law Judge acting for the Eighth District for a Formal hearing or other appropriate action. See Young v. North American Family Institute, 6350 CRB-5-19-10 (October 8, 2019).

Stephen M. Morelli,

Chief Administrative Law Judge

Compensation Review Board

Workers’ Compensation Commission