Cummings v. Twin Tool Manufacturing

CASE NO. 3641 CRB-1-97-6

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

AUGUST 4, 1997

DAVID CUMMINGS

CLAIMANT-APPELLANT

v.

TWIN TOOL MANUFACTURING

EMPLOYER

and

ROLLINS HUDIG HALL OF CONNECTICUT, INC.

INSURER

RESPONDENTS-APPELLEES

DISMISSAL ORDER

The claimant has filed an appeal from an order issued on July 14, 1995 by Commission Chairman Jesse M. Frankl. The claimant’s appeal was filed on June 20, 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