Opinion
CASE NO. 1166 CRD-5-91-1
APRIL 23, 1992
The claimant was represented by Robert D. Houston, Esq.
The respondent Second Injury Fund represented by Kathleen R. Smith, Esq., Assistant Attorney General.
As the matter was decided on the basis of papers submitted no one appeared at oral argument.
This Petition for Review from the January 8, 1991 Order of the Commissioner for the Fifth District was decided on the basis of papers submitted for the November 22, 1991 hearing before a Compensation Review Division panel consisting of the Commission Chairman John Arcudi and Commissioners Gerald Kolinsky and Donald H. Doyle.
OPINION
No evidence appears to have been taken before the issuance of the Fifth District January 8, 1991 Order here being appealed. Therefore the Second Injury Fund has appealed. We must sustain the appeal. "[W]ithout a record or transcript of evidence of the proceedings below, we are powerless to perform any meaningful review". Palmer v. UTC/Pratt Whitney, 9 Conn. Workers' Comp. Rev. Op. 150, 1079 CRD-8-90-7 (1991). See also, Kempesta v. Hendels Gas Oil Co., 9 Conn. Workers' Comp. Rev. Op. 152, 998 CRD-2-90-4 (1991); Laime v. American Standard, 9 Conn. Worker' Comp. Rev. Op. 62, 914 CRD-2-89-9 (1991).
We therefore sustain the appeal and remand for further proceedings.
Commissioners Gerald Kolinsky and Donald H. Doyle concur.