Mansfield v. State of Connecticut/Department of Corrections

CASE NO. 1388 CRB-1-92-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 23, 1994

GARY MANSFIELD

CLAIMANT-APPELLANT

v.

STATE OF CONNECTICUT/DEPARTMENT OF CORRECTIONS

EMPLOYER

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by I. Edmund Hare, Esq., 163 Preston Street, Hartford, CT 06114-2550.

The respondent was represented by Loida D. John, Esq., Assistant Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120.

This Petition for Review from the February 21, 1992 Finding and Award of the Commissioner At Large acting for the First District was heard August 13, 1993 before a Compensation Review Board panel consisting of Commissioners John A. Arcudi, Donald H. Doyle, Jr. and Nancy Brouillet.

OPINION

JOHN A. ARCUDI, COMMISSIONER. Claimant’s appeal contests the commissioner’s denial of a permanent partial disability award for an accepted compensable injury arising from claimant’s hypertension. The commissioner found that the doctor assigning a 30% impairment rating to claimant’s cardiovascular system based the rating on claimant’s reduced employability. He therefore concluded that claimant had not sustained the burden of proof for permanent partial disability of a body part required by General Statutes Sec. 31-308.

This appeal was not filed within the ten (10) day statutory time period. See General Statutes Sec. 31-301; Administrative Regulation Sec. 31-301-1. The commissioner rendered his decision February 21, 1992. The appeal was filed March 6, 1992, some fourteen (14) days later. We are therefore without jurisdiction to consider this appeal. Conaci v. Hartford Hospital, 11 Conn. Workers’ Comp. Rev. Op. 184, 1263 CRD-1-91-7 (1993); Johnston v. ARA Services, Inc., 7 Conn. Workers’ Comp. Rev. Op. 19, 765 CRD-7-88-8 (1989).

But, even on the merits, the commissioner’s decision must stand. The conclusions below did not result from an incorrect application of the law or from an inference illegally or unreasonably drawn from the subordinate facts. Fair v. People’s Savings Bank, 207 Conn. 535 (1988).

Commissioners Donald H. Doyle, Jr. and Nancy Brouillet, concur.