CASE NO. 3330 CRB-5-96-4Workers’ Compensation Commission
JUNE 18, 1996
RULING RE: MOTION TO DISMISS
The Claimant-Appellee’s Motion to Dismiss dated May 9, 1996 and filed May 13, 1996 is granted. The basis for the appeal filed by the Respondent-Appellant dated April 25, 1996 and filed May 3, 1996 was the Commissioner acting for the Fifth District’s April 22, 1996 Ruling on Respondents’ Motion Seeking Authorization To Write To Commissioner-Appointed Physician. As there was no formal hearing there is no record available for appellate review. Therefore, the claimant’s Motion to Dismiss is granted and in the event the appellant wishes to pursue the issue as to the appeal of the trial commissioner’s April 22, 1996 Ruling on Respondents’ Motion Seeking Authorization To Write To Commissioner-Appointed Physician, the appellant should request a formal hearing in order to assure an adequate record for review.
Jesse M. Frankl, Chairman Compensation Review Board Workers’ Compensation Commission