State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Cartagena v. Electroflex Heat, Inc. d/b/a Heflel, Inc.

CASE NO. 4363 CRB-1-01-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 6, 2001

CARMEN CARTAGENA

CLAIMANT-APPELLEE

v.

ELECTROFLEX HEAT, INC.d/b/a HEFLEL, INC.

EMPLOYER

RESPONDENT-APPELLANT

DISMISSAL OF APPEAL

The respondent employer has petitioned for review from the February 23, 2001 Finding and Award of the Commissioner acting for the First District. In that Finding and Award the trial commissioner found that the respondent had violated § 31-290a C.G.S. which prohibits discrimination against claimants who pursue their rights under our Workers’ Compensation Act, and thus awarded the claimant damages. After reviewing the respondent’s Reasons for Appeal, it is clear that all of the issues relate to the merits of the case.

This tribunal has repeatedly held that the Compensation Review Board lacks jurisdiction over appeals relating to § 31-290a C.G.S., as that statute specifically provides: “Any party aggrieved by the decision of the commissioner may appeal the decision to the Appellate Court.” Rondini v. Tectonic Industries, 10 Conn. Workers’ Comp. Rev. Op. 210, 1231 CRD-6-91-5 (Dec. 4, 1992); Morales v. Hydro Conduit Corp., 13 Conn. Workers’ Comp. Rev. Op. 10, 2155 CRB-6-94-9 (Oct. 17, 1994); see also Erisoty v. Merrow Machine Co., 11 Conn. Workers’ Comp. Rev. Op. 131, 1639 CRB-6-93-2 (June 25, 1993), aff’d, 34 Conn. App. 708 (1994), cert. denied, 231 Conn. 908 (1994).

The appeal is therefore dismissed.

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission

Workers’ Compensation Commission

Page last revised: December 21, 2004

Page URL: http://wcc.state.ct.us/crb/2001/4363dismissal.htm

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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