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Patterson v. Carolina Freight

CASE NO. 1711 CRB-3-93-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 9, 1993

JAMES PATTERSON

CLAIMANT-APPELLANT

v.

CAROLINA FREIGHT

EMPLOYER

SELF-INSURED

RESPONDENT-APPELLEE

DISMISSAL OF APPEAL

Claimant has petitioned for review from the trial commissioner’s oral ruling at an informal hearing held April 7, 1993. The pro se claimant filed a Request for Appeal to Compensation Review Division May 3, 1993, twenty-six days later.

The issue concerning an appeal as the result of an informal hearing has previously been considered by the compensation review board. Absent a written or printed record, the compensation review board cannot properly consider an appeal as there must be further proceedings below. Bogli v. Town of Glastonbury, et al., 10 Conn. Workers’ Comp. Rev. Op. 226, 1537 CRB-8-92-10 (12/28/92); Duclos v. Northeast Lightning Protection, 10 Conn. Workers’ Comp. Rev. Op. 225, 1451 CRB-1-92-7 (12/28/92); Demay v. State of Connecticut, Department of Corrections, 10 Conn. Workers’ Comp. Rev. Op. 224, 1584 CRB-2-92-12 (12/18/92). Therefore, even though claimant’s appeal was filed beyond the statutory time prescribed by Sec. 31-301(a), the ten day statutory deadline is inapplicable. Barlow v. Charlotte Hungerford Hospital, 9 Conn. Workers’ Comp. Rev. Op. 274, 1076 CRD-5-90-7 (12/13/91).

The matter is remanded to the third district for further proceedings.

Jesse Frankl

Chairman

Compensation Review Board

Workers’ Compensation Commission

 



   You have reached the original website of the
   Connecticut Workers' Compensation Commission.

   Forms, publications, statutes, and most other
   information is now located at our NEW site:
   PORTAL.CT.GOV/WCC

CRB OPINIONS AND ANNOTATIONS
 
ARE STILL LOCATED AT THIS SITE WHILE IN THE
PROCESS OF BEING MIGRATED TO OUR NEW SITE.

Click to read CRB OPINIONS and CRB ANNOTATIONS.