CASE NO. 554 CRD-7-87Workers’ Compensation Commission
MARCH 11, 1987
Claimant was represented by Donald C. Cousins, Esq.
Respondents were represented by Jason M. Dodge, Esq.
This matter was considered by the Compensation Review Division on January 30, 1987 before a panel consisting of the Commission Chairman, John Arcudi and Commissioners Gerald Kolinsky and A. Thomas White, Jr. on the documentary submission without oral argument.
ORDER OF REMAND
JOHN ARCUDI, Chairman.
Respondent employer has appealed from the District Commissioner’s December 15, 1986 order requiring in-patient hospital treatment for the claimant employee who had suffered a compensable injury December 14, 1980. It filed a request to reconsider by letter to the Commissioner on December 24, 1986. Then on January 20, 1987 a Petition for Review and a Request for Opportunity to Submit Further Evidence was filed. That Petition was not necessary at that time as the trial Commissioner never acted on the Motion to Reconsider.
We therefore vacate the appeal and remand the matter to the Seventh District for further hearing. There is no question that the Commissioner had the power under 31-294, C.G.S. to order medical treatment for this claimant even without a hearing. But the Commissioner nonetheless held a hearing and took documentary evidence, i.e. medical reports. The respondents now seek an opportunity to have testify in person the doctor or doctors whose reports are in evidence. It may well be they should be accorded that right under 52-174(c) C.G.S.
The matter is remanded to the Seventh District.
Commissioners Gerald Kolinsky and A. Thomas White, Jr. concur.