Gyadu v. D’Addario Industries

CASE NO. 3617 CRB-5-97-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 9, 1997

BEN GYADU

CLAIMANT-APPELLANT

v.

D’ADDARIO INDUSTRIES

EMPLOYER

and

ITT HARTFORD

INSURER

RESPONDENTS-APPELLEES

DISMISSAL ORDER

The claimant has filed an appeal from the April 8, 1997 Finding and Award of the Commissioner acting for the Fifth District. The claimant’s appeal was filed on April 24, 1997. The claimant’s petition for review was not filed within the time limit prescribed by § 31-301(a) C.G.S., which states 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. Corona v. Uniroyal Chemical, Inc., 9 Conn. Workers’ Comp. Rev. Op. 105, 987 CRD-5-90-3 (March 13, 1991) (dismissing appeal to this Board filed on the eleventh day following trial commissioner’s decision); 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).

The claimant’s petition for review was not filed within the time limits required by § 31-301(a) and it is thus dismissed as untimely.

Jesse M. Frankl, Chairman

Compensation Review Board

Workers’ Compensation Commission