CASE NO. 90-CRD-6-81Workers’ Compensation Commission
SEPTEMBER 13, 1982
The Claimant-Appellee was represented by William Mangan, Jr., Esq.
The Respondents-Appellants were represented by Robert Brennan, Esq.
This Petition for Review from the October 1, 1981 Decision of the Commissioner for the Sixth District was argued June 25, 1982 before a Compensation Review Division Panel consisting of Commissioners, John Arcudi, A. Paul Berte and Gerald Kolinsky.
John Arcudi, Chairman, A. Paul Berte, Commissioner, Gerald Kolinsky, Commissioner
OPINION
This matter involves an injury occurring as a result of an automobile accident on a public highway late at night. The Commissioner found that this event occurred in the course of the employment. That conclusion is based in part on Paragraph 2 of the Finding:
“2. The respondent-employer furnished her an automobile as she worked out of her home in Marlborough, CT.”
The Respondents-Appellants allege that Paragraph 2 was found without evidence.
In their brief they state that the automobile in question was owned by one James Courtney. However, in oral argument it was intimated that even if Courtney were the nominal owner, the vehicle may very well have been furnished Claimant by the Employer-Respondent. But the record is bare of any evidence on this particular point. Under the circumstances it would be proper that further hearing be had to take evidence on that issue.
We therefore remand the matter to the Sixth District Commissioner for such further hearing and direct that after taking such evidence he make a further Finding and Award or Dismissal as the evidence thus presented may warrant.