Opinion
CASE NO. 1444 CRB-1-92-6
JUNE 2, 1993
The claimant was represented by Dennis A. McCormack, Esq., Wall and McCormack. However, no one appeared on behalf of the claimant at oral argument.
The respondents were represented by John M. Walsh, Jr., Esq., Lynch, Traub, Keefe and Errante, P.C.
This Petition for Review from the June 19, 1992 Finding and Award of the Commissioner at Large acting for the First District was heard May 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George Waldron and Donald H. Doyle.
OPINION
The respondent filed a Petition for Review from the June 19, 1992 Finding and Award of the Commissioner at Large acting for the First District. The June 19, 1992 Finding and Award was rendered after an informal hearing before the trial commissioner. The respondent took the instant appeal and request that its appeal be sustained and the June 19, 1992 Finding and Award be vacated.
The respondent contends, inter alia, that an appeal taken from the issuance of a Finding and Award following an informal hearing must be sustained in the absence of a record of the proceeding below. We agree that in the absence of a record of the proceedings below the matter must be remanded for further proceedings. See e.g., Nevers v. Environmental Waste Removal, 10 Conn. Workers' Comp. Rev. Op. 96, 1166 CRD-5-91-1 (1992); Kempesta v. Hendels Gas and Oil Co., 9 Conn. Workers' Comp. Rev. Op. 152, 998 CRD-2-90-4 (1991); Palmer v. UTC/Pratt Whitney, 9 Conn. Workers' Comp. Rev. Op. 150, 1079 CRD-8-90-7 (1991).
The C.R.B issued an Order December 28, 1992 in which the respondent's appeal was dismissed "as there must be further proceedings below before an appeal will lie." The respondent made a Motion to Modify Order and on January 14, 1993 the December 28, 1992 Order was vacated.
We therefore remand the instant matter for further proceedings.
Commissioners George Waldron and Donald H. Doyle concur.