FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
David Cummings,
Complainant
against Docket
#FIC 94-206
Chairman, State of
Connecticut Workers' Compensation Commission,
Respondent April 5, 1995
The above-captioned matter was heard as a contested
case on January 20, 1995, at which time the complainant and the respondent
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint. This case
was consolidated for hearing with docket #FIC 94-167, David Cummings against
Chairman, State of Connecticut Workers' Compensation Commission.
After consideration of the entire record, the
following facts are found and conclusions of law are reached:
1. The
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By
letter of complaint filed June 24, 1994, the complainant appealed to the
Commission, alleging that the respondent failed to comply with his May 20, 1994
request for a transcript and a copy of an audiotape.
3. It
is found that the complainant by letter dated May 20, 1994 requested a copy of
a transcript and a copy of an audiotape, both of a formal hearing held on May
12, 1994.
4. It
is also found that the complainant asked that the fee for the tape and
transcript be waived; and further asked that if the fee was not waived, that he
receive an itemized bill for the tape and transcript.
5. It
is found that the tape and transcript are public records within the meaning of
1-18a(d) and 1-19(a), G.S.
6. It
is found that the respondent forwarded the complainant's request to the
appropriate hearing reporter on May 26, 1994.
7. It
is found that the hearing reporter by letter dated July 20, 1994 indicated to
the complainant that the transcript
Docket #FIC 94-206 Page
2
was ready for delivery, and
upon receipt of his check in the amount of $40.25, would be mailed to him,
along with a copy of the audiotape.
8. It
is found that the complainant never forwarded payment to the hearing reporter.
9. The
complainant maintains that he was denied a copy of an itemized bill separating
the charges for the tape and the transcript.
10. It
is found that the charge for the transcript was $40.25, and that there was no
additional charge for a copy of the tape.
11. It
is concluded that the complainant was not denied a copy of an itemized bill,
although he may have misunderstood the charges being imposed by the hearing
reporter.
12. It
is also found that the complainant was not denied a copy of either the
transcript or the tape, as he did not prepay the $40.25.
13. The
complainant also maintains that the respondent improperly denied his claim of
indigency.
14. It
is found, however, that neither party presented to the Commission an adequate
factual basis upon which to make any determination regarding the complainant's
claim of indigency.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The
complaint is dismissed.
Approved by Order of the
Freedom of Information Commission at its special meeting of April 5, 1995.
Debra L. Rembowski
Clerk of the
Commission
Docket #FIC 94-206 Page
3
PURSUANT TO SECTION 4-180(c),
G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING
ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR
THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED
CASE ARE:
DAVID CUMMINGS
100 Boatswains Way #504
Chelsea, MA 02150
CHAIRMAN, STATE OF
CONNECTICUT, WORKERS' COMPENSATION COMMISSION
c/o Michael J. Giammatteo,
Esq.
Brewster Blackall, Esq.
Assistant Attorneys General
P.O. Box 120
Hartford, CT 06141-0120
Debra L. Rembowski
Clerk of the Commission