Hemingway v. State of Connecticut/Dept. of Developmental Services - West Region

CASE NO. 6241 CRB-5-17-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 5, 2018

DAWN C. HEMINGWAY

CLAIMANT-APPELLANT

v.

STATE OF CONNECTICUT/DEPT. OF DEVELOPMENTAL SERVICES – WEST REGION

EMPLOYER

SELF-INSURED

RESPONDENT-APPELLEE

and

GALLAGHER BASSETT SERVICES, INC.

ADMINISTRATOR

REMAND ORDER

The claimant filed a Petition for Review on January 25, 2018 from the December 12, 2017 “31-308a Order” issued by the trial Commissioner acting for the Fifth District. No transcripts or exhibits exists, therefore it appears 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 pursuant to General Statutes § 31-301(a).

This matter is therefore remanded to the trial Commissioner acting for the Fifth District for a formal hearing or other appropriate action. See Rodriguez v. State/Department of Developmental Services, 5893 CRB-5-13-10 (November 22, 2013); Macbride v. Connecticut Energy Corp., 5668 CRB-3-11-7 (August 5, 2011).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission