Noga v. Colin Service Systems, Inc.

CASE NO. 3361 CRB-6-96-6

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

SEPTEMBER 16, 1997

JOZEF NOGA

CLAIMANT-APPELLANT

v.

COLIN SERVICE SYSTEMS, INC.

EMPLOYER

and

HOME INSURANCE CO.

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Jacek Smigelski, Esq., 122 Main St., P. O. Box 875, New Britain, CT 06050-0875.

The respondents were represented by James L. Sullivan, Esq., Maher & Williams, 1300 Post Road, P. O. Box 550, Fairfield, CT 06430-0550.

This Motion to Dismiss filed in response to a Petition for Review from the May 30, 1996 Finding and Dismissal of the Commissioner acting for the Sixth District was heard January 24, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

RULING ON MOTION TO DISMISS

JESSE M. FRANKL, CHAIRMAN. The respondents have filed a Motion to Dismiss dated June 18, 1996 in proceedings arising out of the claimant’s petition for review from the May 30, 1996 Finding and Dismissal of the Commissioner acting for the Sixth District. They allege that the claimant’s petition for review was filed late under § 31-301(a) C.G.S., which requires a party to file an appeal within ten days from the date meaningful notice of a trier’s decision is sent. Conaci v. Hartford Hospital, 36 Conn. App. 298, 303 (1994). The petition for review was filed on June 10, 1996, eleven days after notice of the commissioner’s decision was mailed.

However, June 9, 1996 was a Sunday. The Workers’ Compensation Commission offices are closed on Saturdays and Sundays. Practice Book § 4010 states that “[w]hen the last day of any limitation of time for filing any paper under these rules or an order of the court falls on a day when the office of the trial court or of the appellate clerk is not required to be open, the paper may be filed on the next day when such office is required so to be open.” This rule applies to the instant case. The Motion to Dismiss is therefore denied.

Commissioners James J. Metro and John A. Mastropietro concur.