Passalugo v. Guida-Seibert Dairy Co.
149 Conn. App. 478
| Conn. App. Ct. | 2014Background
- Plaintiff sustained an October 30, 2011 injury and entered a voluntary benefits agreement.
- Employer filed Form 36 to discontinue benefits on August 30, 2012.
- Informal hearing led to October 23, 2012 decision approving Form 36 to discontinue.
- Plaintiff declined a formal hearing and filed a petition for review on November 5, 2012.
- Board remanded November 27, 2012 for a formal hearing due to lack of record; petition effectively dismissed.
- Appeal followed with a sparse record; issues include lack of medical evidence and due process concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Termination without medical evidence violated §31-296? | Passalugo contends §31-296 violated. | Guida-Seibert argues record is incomplete for review. | Record inadequate; review not possible. |
| Due process/fundamental fairness without evidentiary hearing? | Passalugo asserts due process requires an evidentiary hearing. | Guida-Seibert relies on lack of record and informal hearing adequacy. | Remand and lack of record prevent meaningful review; no reversible error shown. |
Key Cases Cited
- Pagan v. Carey Wiping Materials Corp., 144 Conn. App. 413 (Conn. App. 2013) (informal hearing; de novo formal hearing available on remand)
- Brinson v. Finlay Bros. Printing Co., 77 Conn. App. 319 (Conn. App. 2003) (right to formal hearing; de novo review at formal hearing)
- Flamenco v. Independent Refuse Service, Inc., 130 Conn. App. 280 (Conn. App. 2011) (administrative hearings; due process protections; need for record)
- Megin v. Zoning Board of Appeals, 106 Conn. App. 602 (Conn. App. 2008) (administrative due process boundaries; fundamentally fair procedures)
- Anguish v. TLM, Inc., 53 Conn. App. 241 (Conn. App. 1999) (informal hearing; formal hearing right reserved)