LAIME v. AMERICAN STANDARD, 914 CRD-2-89-9 (2-6-91)

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EUGENE LAIME, CLAIMANT-APPELLEE vs. AMERICAN STANDARD, EMPLOYER and TRAVELERS INSURANCE COMPANY, INSURER and SECOND INJURY AND COMPENSATION ASSURANCE FUND, RESPONDENT-APPELLANT

CASE NO. 914 CRD-2-89-9Workers’ Compensation Commission
FEBRUARY 6, 1991

The claimant was represented by Carl D. Anderson, Esq.

The respondents were not represented in these proceedings as the instant appeal concerned matters between the claimant and the Second Injury and Compensation Assurance Fund.

The Second Injury and Compensation Assurance Fund was represented by Michael J. Belzer, Esq., Assistant Attorney General.

This Petition for Review from the August 30, 1989 Supplemental Finding and Award of the Commissioner at Large acting for the Second District was heard August 10, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Angelo dos Santos.

OPINION

JOHN ARCUDI, CHAIRMAN.

Respondent Second Injury and Compensation Assurance Fund appeals the August 30, 1989 Supplemental Finding and Award, because that decision awarded claimant Sec. 31-308a benefits after an informal hearing.

The appeal is on both statutory[1] , and constitutional procedural due process grounds. Sec. 31-298 defining the conduct of hearings requires that certified copies of testimony be available for the parties. There was no recorded testimony at the informal hearing here. Sec. 31-301(a) C.G.S. provides “The Compensation Review Division shall hear the appeal on the record of the hearing before the commissioner. . . .” Without such a record before us, we are powerless to determine the correctness of the trial commissioner’s decision.

Without such a record below we have no basis for review. We, therefore, remand the instant matter for further proceedings.

Commissioners Gerald Kolinsky and Angelo dos Santos concur.

[1] Section 31-298 provides: In all cases and hearings under the provisions of this chapter, the commissioner shall proceed, so far as possible, in accordance with the rules of equity. He shall not be bound by the ordinary common law or statutory rules of evidence or procedure, but shall make inquiry in such manner, through oral testimony or written and printed records, as is best calculated to ascertain the substantial rights of the parties and carry out justly the spirit of this chapter.