Opinion
CASE NO. 793 CRD-5-88-12
AUGUST 6, 1990
The claimant was represented at both trial and appellate levels by Donald E. Freeman, Esq., although no brief was filed by the appellee.
The respondents were represented by Christopher P. Hankins, Esq., and Edward D. O'Brien Jr., Esq.
The Petition for Review from the November 22, 1988 Finding and Award of the Commissioner at Large acting for the Fifth District was heard March, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and George Waldron.
OPINION
Respondents seek review of the November 22, 1988 Finding and Award where it was held that injuries claimant sustained as the result of an automobile accident with an employer furnished automobile were compensable. The contention is that claimant's injuries did not arise in and out of the course of employment.
Some of the facts found were stipulated and made a part of the commissioner's Finding. It was found claimant was a car salesman for the respondent-employer. The employer provided the employee with a car and did not restrict its use. On January 12, 1988 claimant while driving this vehicle was involved in an automobile accident on the way to work. It was also found this arrangement was of mutual benefit. (Para #7).
Respondents have failed to request a transcript and did not supply a transcript of the proceedings below on appeal. It is an appellant's duty to provide an adequate record for review. See Practice Book Sec. 4061. See Also, Taylor v. American Thread Co., 200 Conn. 108 (1986). The issue raised by appellant is dependent upon the evidence before the trial commissioner. A decision by us on such an issue necessitates our review of the evidence. We cannot make that review where, as here, the record has not been completed by the appellant.
We therefore dismiss respondents' appeal.
Commissioners Robin Waller and George Waldron concur.