Opinion
CASE NO. 523 CRD-5-86
APRIL 21, 1989
The claimant was represented by Edward T. Dodd, Jr., Esq. and Ross Lessack, Esq.
The respondent-insurer Aetna was represented by Jason Dodge, Esq., Pomeranz, Drayton Stabnick.
The respondent-employer and insurer Northbrook were represented by Ralph Russo, Esq., Montstream May.
This Petition for Review from the October 6, 1986 Finding and Award of the Commissioner for the Fifth District was heard February 26, 1988 and again on September 16, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Gerald Kolinsky.
OPINION
In the October 6, 1986 award below the Fifth District Commissioner ruled that respondent-insurer Northbrook was liable to the claimant for the payment of total disability benefits from June 5, 1983 to November 14, 1983. Claimant's back injury occurred October 26, 1981. Respondent Northbrook's appeal disputes the commissioner's conclusion that the disability was caused by claimant's employment as a truck driver during the months prior to June 5, 1983 when Northbrook insured the risk. Respondent Aetna Life Casualty had insured the risk at other times.
Northbrook was not present at the hearings of July 25, 1984 and November 6, 1984. Notice of these two hearings were sent to the respondent Aetna but not to Northbrook. The respondent Northbrook therefore argues that any reliance on evidence received at hearings where it was not noticed and did not participate violates its due process rights. It further contends that the June-November, 1983 disability was caused by a reoccurrence of claimant's October, 1981 back injury when Aetna was on the risk.
It is impossible to discern from the Finding and Award whether the commissioner treated the 1983 events as a new injury or whether the imposition of liability had some other basis. Without more detailed factual findings we cannot effectively review the appropriateness of the commissioner's conclusions, nor can we be sure that the due process rights of Northbrook were adequately protected, Franzese v. Lombard Bros., Case No. 585 CRD-5-87 (February 23, 1989). See also, McCulloch v. Pittsburgh Plate Glass Co., 107 Conn. 164 (1927).
We, therefore, remand for further proceedings.
Commissioners Robin Waller and Gerald Kolinsky concur.