Mayo v. Cupid Linen Services

CASE NO. 3682 CRB-01-97-09

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JULY 14, 1998

ALFRED MAYO

CLAIMANT-APPELLANT

v.

CUPID LINEN SERVICES

EMPLOYER

and

ATLANTIC MUTUAL INSURANCE CO.

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The pro se claimant did not appear at oral argument. Notice also sent to Martin McQuillan, Esq., Januszewski, McQuillan & Denigris, 165 West Main St., New Britain, CT 06051.

The respondents were represented by David Kelly, Esq., Montstream & May, L.L.P., Salmon Brook Corporate Park, 655 Winding Brook Drive, P. O. Box 1087, Glastonbury, CT 06033-6087.

This Petition for Review from the August 20, 1997 Finding of Facts and Dismissal of the Commissioner acting for the First District was heard January 23, 1998 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Donald H. Doyle, Jr., and Michael S. Miles.

OPINION

JESSE M. FRANKL, CHAIRMAN. The pro se claimant has petitioned for review from the August 20, 1997 Finding of Facts and Dismissal of the Commissioner acting for the First District. He has filed no other documents in support of his appeal, which the respondents have moved to dismiss. Also, the petition for review itself was filed on September 5, 1997, which is more than ten days after notice of the August 20, 1997 decision was sent to the parties. Under § 31-301(a), that petition for review was late, and this board consequently lacks jurisdiction to consider the claimant’s appeal. Freeman v. Hull Dye & Print, Inc., 39 Conn. App. 717, 720 (1995); Conaci v. Hartford Hospital, 36 Conn. App. 298, 303 (1994); Kulig v. Crown Supermarket, 3335 CRB-6-96-5 (Nov. 25, 1997). Therefore, we must order its dismissal.

Commissioners Donald H. Doyle, Jr., and Michael S. Miles concur.