Dawson v. J.C. Higgins Corporation

CASE NO. 2122 CRB-3-94-8

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 21, 1995

JOHN DAWSON

CLAIMANT-APPELLANT

v.

J. C. HIGGINS CORPORATION

EMPLOYER

and

ZURICH-AMERICAN INSURANCE CO.

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Walter C. Bansley, Esq., Law Offices of Roger Sullivan, 7 South Main Street, P. O. Box 811, Branford, CT 06405-0811. There was no representation on behalf of the claimant at oral argument.

The respondents were represented by Kevin J. Maher, Esq., Maher & Williams, P. O. Box 550, Fairfield, CT 06430-0550.

Respondents’ Motion To Dismiss dated August 4, 1994 was heard January 13, 1995 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Roberta S. D’Oyen and Amado J. Vargas.

ORDER

JESSE M. FRANKL, CHAIRMAN. On July 22, 1994 the claimant in the above captioned matter filed a Motion To Correct the Commissioner acting for the Third District’s July 8, 1994 Finding of Dismissal. Based on this tribunal’s decision in Imbrogno v. Stamford Hospital, 5 Conn. Workers’ Comp. Rev. Op. 99, 610 CRD-8-87 (1988), and our courts’ policy that this Act be construed so as to comply with its broad humanitarian purpose, the matter was set down as an appeal. However, no other papers in support of the appeal were filed. Most importantly, no appeal petition was filed. On August 5, 1994 the respondents filed a Motion to Dismiss.

At the January 13, 1995 the Compensation Review Board considered the respondents’ Motion To Dismiss and in a ruling from the bench announced that the Motion To Dismiss was granted. Upon further reflection it appears that in our zealousness to protect the appeal rights of the claimant, we may have exceeded our jurisdictional authority. We, therefore, vacate our January 13, 1995 ruling from the bench and alternatively conclude that we lack jurisdiction over the captioned matter.

Commissioners Roberta S. D’Oyen and Amado J. Vargas concur.