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