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Morgan v. Hot Tomato’s, Inc. DIP, 4377 CRB-3-01-3 (January 30, 2002).
CRB affirmed trier’s granting of Motion to Preclude where employer did not receive certified letter containing Form 30C despite five delivery attempts by post office. Claimant need only demonstrate that adequate Form 30C had been sent by certified mail to employer’s place of business in order to satisfy general notice requirements of § 31-321. See, Morgan, § 31-294c.
McKenna v. Thorne & Cleaves, Inc., 3365 CRB-7-96-6 (July 29, 1997).
This section clearly requires notice to be sent to an employer’s place of business rather than to the address of the statutory agent for service of process. See also, McKenna, § 31-294c.
Bonin v. Thames Valley Steel, 1492 CRB-2-92-8 (February 14, 1997), appeal dismissed for lack of final judgment, A.C. 16963 (May 28, 1997).
Claimant’s inability to identify the person who signed for the certified letter containing his Form 30C did not make notice insufficient, as claimant sent notice by certified mail to employer’s place of business. Claimant is not responsible for employer having responsible agent or employee in office at time of delivery. See also, Bonin, § 31-294c.
Allingham v. Burns International Security, 14 Conn. Workers’ Comp. Rev. Op. 333, 1977 CRB-1-94-2 (September 20, 1995).
See, Allingham, § 31-298 (requirements of § 31-321 apply when notifying parties of decision).
Jimenez v. Montero, 14 Conn. Workers’ Comp. Rev. Op. 40, 1826 CRB-4-93-8 (May 4, 1995).
Commissioner found that respondent had attempted to avoid service of process by refusing to accept service or sign for certified or registered mail, and had forced his wife to return a notice that she had signed for regarding 7/14/87 hearing. Commissioner also found that § 31-321 had been satisfied by sending of notice for 7/21/87 formal hearing. Held, findings supported by evidence. CRB recognized due process right of a party to be notified of workers’ compensation proceedings. However, the respondent’s attempts to avoid service of notice of formal hearing, as well as other conduct designed to circumvent workers’ compensation laws, estopped him from claiming due process violation in this case.
In re: Employee Staffing of America, 13 Conn. Workers’ Comp. Rev. Op. 278, 1395 CRB-3-92-3 (April 21, 1995).
Employer failed to appear at noncompliance hearing regarding violation of § 31-284(b); $1,000 fine entered against employer. Record did not specify whether personal service or service by registered mail was attempted on respondent pursuant to § 31-321. Held, where a fine was imposed against respondent in its absence, CRB must ensure that procedural due process requirements were satisfied in notifying respondent of proceedings. Lack of evidence regarding notice requires remand in this case.
Hveem v. State, 9 Conn. Workers’ Comp. Rev. Op. 5, 897 CRD-5-89-7 (January 4, 1991).
Remanded to address issue as to whether disclaimer mailed to claimant’s counsel and not to claimant sufficiently complied with statute so as to permit preclusion. Decided on other issues. See also, Hveem, § 31-294c.
O’Neill v. New King, Inc., 3 Conn. Workers’ Comp. Rev. Op. 86, 190 CRD-6-82 (November 13, 1986).
See, Timothy, infra.
Timothy v. Upjohn, 2 Conn. Workers’ Comp. Rev. Op. 1, 150 CRD-3-82 (February 25, 1983), dismissed for lack of final judgment, 3 Conn. App. 162 (1985).
Notice of claim for Chapter 568 benefits must be made in accord with § 31-321 if claimant seeks to preclude respondent from contesting liability.
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