Appeal Requires Record

An appeal requires a record. Lawyers should know that. But it’s understandable that the self-represented plaintiff in Lazzari v. The Stop and Shop Supermarket Company, LLC did not.

Plaintiff claimed that he was injured at work and filed for workers’ compensation benefits. Defendants (the employer and its insurer) sought to depose plaintiff. Plaintiff filed a memoranda with the Workers’ Compensation Commission requesting, among other things, the commissioner’s legal authority to compel him to appear for a deposition. The commissioner answered with a letter explaining defendants’ right to take his deposition, as well as the scope and mechanics of the deposition.

Plaintiff then “appealed” to the Workers’ Compensation Review Board, who remanded the matter to the commissioner because due process required an evidentiary hearing to create a record that the board could review.

Plaintiff appealed the board’s remand to the Connecticut Appellate Court.

Arguments on Appeal

This will be short for this case. The Appellate Court noted that “[t]he issue presented on appeal is whether the board properly remanded the matter to the commissioner for a formal hearing.”

Appellate Court’s Conclusions

The Appellate Court affirmed the board’s decision. It concluded: “The board properly determined that it could not decide the issues presented without a formal hearing at which all parties would have an opportunity to make their arguments and the commissioner would be able to render a decision, which could then be reviewed by the board if an appeal was taken.”

Impact

I don’t this case will have any impact.

About the Photo

Since the case was about the lack of a record, it made me think of a different type of record.