Tsimbidaros v. Lionel Jackson and Patricia Jackson

CASE NO. 3575 CRB-04-97-03

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 2, 1998

APOSTOLOS TSIMBIDAROS

CLAIMANT-APPELLANT

v.

LIONEL JACKSON AND PATRICIA JACKSON

EMPLOYER

and

COMMERCIAL UNION INSURANCE

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant did not appear at oral argument.

The employer was represented by David J. Weil, Esq., Nuzzo & Roberts, One Town Center, P.O. Box 747, Cheshire, CT 06410.

This Petition for Review from the March 17, 1997 Order of the Commissioner acting for the Fourth 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.

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN. The claimant has filed an untimely petition for review from the March 17, 1997 Order of the trial commissioner acting for the Fourth District. The claimant’s petition for review was filed on March 31, 1997, over ten days after the trial commissioner’s Order had been issued on March 17, 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. Cioffi v. Trumbull Marriot, 15 Conn. Workers’ Comp. Rev. Op. 297, 2209 CRB-4-94-11 (June 20, 1996).

We conclude that the claimant’s petition for review was not filed within the time limits required by § 31-301(a) and we thus must dismiss it as untimely.

The claimant’s appeal is dismissed.

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