OSAMA ALMOHTASIB CLAIMANT-APPELLEE v. D’ANGELO SANDWICH SHOP EMPLOYER and ACE USA INSURER RESPONDENTS-APPELLANTS

CASE NO. 5249 CRB-8-07-7 CLAIM NO. 800154801CONNECTICUT COMPENSATION REVIEW BOARD CONNECTICUT WORKERS’ COMPENSATION COMMISSION
AUGUST 21, 2007

ORDER
Respondent has filed a Petition for Review from the trial commissioner’s July 20, 2007 Order directing a commissioner’s examination of the claimant. Sec. 31-294f states “[a]n injured employee shall submit himself to examination by a reputable practicing physician or surgeon, at any time while claiming or receiving compensation, upon the reasonable request of the employer or at the direction of thecommissioner.” (underlining ours)

Respondent’s appeal from the trial commissioner’s Order subsequent to an informal hearing is premature. No record exists. Absent a record this board cannot properly consider an appeal. This matter is therefore remanded to the trial commissioner acting for the Eighth District for a Formal Hearing or other appropriate action. See, Miller v. Blue BellMattress Company, Inc., 4889 CRB-1-04-12 (December 17, 2004); Rios v.Boehle’s Express, 4726 CRB-6-03-9 (October 8, 2003); Pantanella v.Enfield Ford, 4721 CRB-1-03-9, 4729 CRB-1-03-9 (September 18, 2003).

John A. Mastropietro, Chairman Compensation Review Board Workers’ Compensation Commission

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