CASE NO. 4449 CRB-1-01-10
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
OCTOBER 23, 2001
SECOND INJURY FUND
JOHN A. MASTROPIETRO, CHAIRMAN. On September 25, 2001, the Commissioner acting for the Sixth District issued a Finding and Dismissal of the claimant’s claim for § 31-308a temporary partial disability benefits. Nine days later, on October 4, 2001, the claimant filed a motion seeking an extension of time within which to file his appeal. This motion was filed by his attorney of record, who was moving to withdraw from the case, and sought to obtain further time for the claimant to retain new counsel and to file a motion to correct and an appeal.
This board does not have the authority under the Workers’ Compensation Act to extend the time within which a claimant may file an appeal, unless notice of the trier’s decision was, through no fault of the claimant, not received within the ten-day (and, as of October 1, 2001, twenty-day) appeal period prescribed by § 31-301(a). Kudlacz v. Lindberg Heat Treating Co., 250 Conn. 581 (1999). We may not simply declare that the claimant’s file remain open in order to afford him a future opportunity to file an appeal. However, this does not mean that we must dismiss the action altogether. Instead, this board will construe the claimant’s motion for extension of time as an appeal petition, while we continue to keep in mind the circumstances of this particular case. See Weber v. Electric Boat Division, 4423 CRB-2-01-7 (August 2, 2001) (Ruling on Motion to allow Second Injury Fund to File Late Appeal).
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission