Alves v. The Atlas Construction Company

CASE NO. 1402 CRB-7-92-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 9, 1993

MANUEL ALVES

CLAIMANT-APPELLEE

v.

THE ATLAS CONSTRUCTION COMPANY

EMPLOYER

RESPONDENT-APPELLEE

and

SECOND INJURY FUND

RESPONDENT-APPELLANT

ORDER

The respondent-Atlas Construction Company’s May 26, 1993 request for modification of the Compensation Review Board’s May 7, 1993 Order is denied. The Compensation Review Board’s May 7, 1993 Order was based on the U.S. Supreme Court decision, District of Columbia v. Greater Washington Board of Trade, U.S., 113 S. Ct. 580, L.Ed2d (1992) and the Connecticut Supreme court order in Luis v. Frito-Lay, Inc., et al; Almeida v. Frito-Lay, Inc., et al; Turcotte v. Frito-Lay, Inc., et al (S.C. 14536) of April 27, 1993. The United States and the Connecticut Supreme Court decisions held that Connecticut was preempted by the federal goverment’s E.R.I.S.A. legislation from enacting Sec. 31-284b. Therefore there is no jurisdiction in the Workers’ Compensation Commission to make Sec. 31-284b orders. A jurisdictional objection may be made at any time.

By the Compensation Review Board,

Jesse Frankl, Chairman

Presiding Commissioner for the Compensation Review Board Panel

Commissioners George Waldron and Donald H. Doyle