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Passalugo v. Guida-Seibert Dairy Company

CASE NO. 5796 CRB-6-12-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 27, 2012

JUSTIN PASSALUGO

CLAIMANT-APPELLANT

v.

GUIDA-SEIBERT DAIRY COMPANY

EMPLOYER

and

LIBERTY INSURANCE COMPANY

RESPONDENTS-APPELLEES

REMAND ORDER

On November 5, 2012 claimant filed a Petition for Review from the trial commissioner’s October 23, 2012 order granting respondent’s Form 36. The order was issued as a result of an informal hearing. 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 under Sec. 31-301(a). The matter is therefore remanded to the trial commissioner acting for the Sixth District for a Formal Hearing or other appropriate action. See West v. Stratford, 5759 CRB-4-12-6 (June 21, 2012); Pagan v. Carey Wiping Materials, Inc., 5700 CRB-6-11-11 (November 30, 2011).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission

 

   You have reached the original website of the
   Connecticut Workers' Compensation Commission.

   Forms, publications, statutes, and most other
   information is now located at our NEW site:
   PORTAL.CT.GOV/WCC

CRB OPINIONS AND ANNOTATIONS
 
ARE STILL LOCATED AT THIS SITE WHILE IN THE
PROCESS OF BEING MIGRATED TO OUR NEW SITE.

Click to read CRB OPINIONS and CRB ANNOTATIONS.