Morgillo v. Ginnetti Trucking

CASE NO. 5941 CRB-3-14-6

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JULY 15, 2014

JOSEPH MORGILLO

CLAIMANT-APPELLEE

v.

GINNETTI TRUCKING

EMPLOYER

and

YORK RISK SERVICES GROUP, INC.

INSURER

RESPONDENTS-APPELLANTS

REMAND ORDER

Respondents filed a Petition for Review on June 9, 2014 from a May 22, 2014 Order pursuant to Sec. 31-288(b)(1). No record exists. Due process requires an evidentiary hearing where a record can be created. Absent a record the Compensation Review Board cannot properly consider an appeal under Sec. 31-301.

The appeal is therefore remanded for a Formal Hearing or other appropriate action. See Brennan v. Comcast Corporation, 5638 CRB-6-11-3 (April 1, 2011), Torres v. Laidlaw Transit, 5544 CRB-4-10-4 (April 26, 2010).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission