Cortesi v. Dr. Karen Warner

CASE NO. 3598 CRB-1-97-5

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 27, 1997

ELAINE CORTESI

CLAIMANT-APPELLANT

v.

DR. KAREN WARNER

EMPLOYER

RESPONDENT-APPELLEE

NO RECORD OF INSURANCE

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Michael Kerin, Esq., Kerin & Canty, 5 Mott Ave., Norwalk, CT 06850.

The respondent Dr. Karen Warner represented herself at oral argument. Notice sent to John Berman, Esq., Berman, Bourns & Currie, 970 Farmington Ave., West Hartford, CT 06127. Notice also sent to Dr. Karen Warner, 13 Middletown Road, Durham, CT 06422.

This Petition for Review from the April 22, 1997 Findings of Facts and Award of Compensation of the Commissioner acting for the Eighth District was heard September 19, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

OPINION

JESSE M. FRANKL, CHAIRMAN. The claimant has petitioned for review from the April 22, 1997 Findings of Facts and Award of Compensation of the Commissioner acting for the Eighth District. The sole issue here is whether said petition for review was filed in a timely manner. Notice of the commissioner’s decision was sent to the parties on April 22, 1997. The claimant’s petition for review was stamped “received” by the Eighth District office on May 5, 1997. On its face, therefore, the appeal appears to have been filed more than ten days after notice was sent, which is contrary to § 31-301 C.G.S., and would require dismissal of the appeal. See Conaci v. Hartford Hospital, 36 Conn. App. 298, 303 (1994).

However, the claimant has moved to submit additional evidence that contradicts that conclusion. A notarized affidavit from Tamara Turner, a paralegal who works for the Federal Express Corporation, represents that the claimant’s attorney tendered a letter for overnight shipment on April 30, 1997. This letter was successfully delivered to the Eighth District Office on Thursday, May 1, 1997 and signed for by “S. Quenton.” Closer examination of the shipping receipt reveals that it actually reads “Adrienne L. Overton,” who was an employee of the Workers’ Compensation Commission on May 1, 1997. Thus, this evidence establishes that the claimant’s petition for review was filed with the Workers’ Compensation Commission within ten days of the date notice of the trial commissioner’s decision was sent. It appears that the letter simply remained unopened until Monday, May 5, 1997, when it was stamped “received.”

As the claimant’s evidence clearly satisfies the criteria of Admin. Reg. § 31-301-9, we grant the Motion to Submit Additional Evidence. On the basis of said evidence, we are satisfied that the claimant has demonstrated that her appeal should not be dismissed.

Commissioners James J. Metro and John A. Mastropietro concur.