Phillips v. Deborah Phillips d/b/a We Care Day Care

CASE NO. 3578 CRB-01-97-03

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 2, 1998

DEBORAH PHILLIPS

CLAIMANT-APPELLANT

v.

DEBORAH PHILLIPS d/b/a WE CARE DAY CARE

EMPLOYER

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant, who was self-employed, appeared on her own behalf, and also appeared on behalf of the employer.

The Second Injury Fund was represented by William McCullough, Esq., Assistant Attorney General, 55 Elm St., P.O. Box 120, Hartford, CT 06141-0120, who did not appear at oral argument.

This Petition for Review from the March 13, 1997 Finding and Dismissal of the Commissioner acting for the First 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 13, 1997 Finding and Dismissal of the trial commissioner acting for the First District.

The claimant’s petition for review was filed on March 27, 1997, over ten days after the trial commissioner’s Finding and Dismissal had been issued on March 13, 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.