Deming v. State of Connecticut/Dept. of Veterans Affairs

CASE NO. 3523 CRB-02-97-01

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 26, 1997

LORA DEMING

CLAIMANT-APPELLANT

v.

STATE OF CONNECTICUT/DEPT. OF VETERANS AFFAIRS.

EMPLOYER

RESPONDENT-APPELLEE

DISMISSAL OF APPEAL

The claimant petitioned for review from the Commissioner acting for the Second District’s December 19, 1996 Finding Re: Conn. Gen. Stat. 31-290a. In that Finding the trial commissioner dismissed Claimant’s claim that her employer violated § 31-290a C.G.S. prohibiting discrimination against claimants who pursue their rights under our Workers’ Compensation Act. Ordinarily, we would dismiss this appeal on the basis of this tribunal’s decision in Rondini v. Tectonic Industries, 10 Conn. Workers’ Comp. Rev. Op. 210, 1231 CRD-6-91-5 (December 4, 1992). In Rondini, the Compensation Review Board held it lacked jurisdiction over appeals relating to Sec. 31-290a as the statute specifically provides “Any party aggrieved by the decision of the commissioner may appeal the decision to the appellate court.” See e.g., Czekala v. UTC, 3325 CRB-4-96-4 (June 20, 1996); Morales v. Hydro Conduit Corp., 13 Conn. Workers’ Comp. Rev. Op. 10, 2155 CRB-6-94-9 (October 17, 1994); Erisoty v. Merrow Machine Co., 11 Conn. Workers’ Comp. Rev. Op. 131, 1639 CRB-6-93-2 (June 25, 1993). See also, Carreira v. Data Mail, 11 Conn. Workers’ Comp. Rev. Op. 268, 1391 CRB-6-92-3 (November 18, 1993).

However, in this matter there are additional grounds for dismissal as the Claimant’s Petition For Review was filed January 7, 1997, more than ten days after the trial Commissioner’s Finding. Sec. 31-301(a) C.G.S., provides that “[a]t any time within ten days after entry of an award by the commissioner . . . either party may appeal therefrom to the compensation review board by filing in the office of the commissioner . . . an appeal petition . . . .” (Emphasis added). We have consistently ruled that the appealing party must file its appeal within the prescribed time period in order for this board to have subject matter jurisdiction over the appeal. Cioffi v. Trumbull Marriott, Conn. Workers’ Comp. Rev. Op 2209 CRB 4-94-11 (June 20, 1996); Corona v. Uniroyal Chemical, Inc., 9 Conn. Workers’ Comp. Rev. Op. 105, 987 CRD-5-90-3 (March 13, 1991); Famiglietti v. Dossert Corporation, 8 Conn. Workers’ Comp. Rev. Op. 65, 804 CRD-5-88-12 (April 17, 1990); Johnston v. ARA Services Inc., 7 Conn. Workers’ Comp. Rev. Op. 19, 20, 765 CRD-7-88-8 (June 29, 1989).

For all of the above reasons, the claimant’s appeal is dismissed.