Caffery v. City of New Britain

CASE NO. 3866 CRB-06-98-07

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

AUGUST 12, 1998

ROBERT CAFFERY

CLAIMANT-APPELLANT

v.

CITY OF NEW BRITAIN

EMPLOYER

SELF-INSURED

RESPONDENT-APPELLEE

DISMISSAL ORDER

The claimant filed a petition for review July 30, 1998 from the July 15, 1998 Finding and Award of Dismissal of the Commissioner acting for the Sixth District. He has also filed a Motion for Extension of Time to Appeal Finding and Award, in which he explains the reasons for his late appeal. Regardless of those reasons or the lack of a significant delay beyond the filing deadline, this board cannot grant the claimant’s motion. We do not have any discretion at all to accept a late appeal under § 31-301(a). The statute clearly circumscribes the subject matter jurisdiction of the Compensation Review Board to cases in which an appeal is filed within ten days of the date notice of the commissioner’s decision was sent. See Kudlacz v. Lindberg Heat Treating Company, 49 Conn. App. 1, 3-4 (1998). Therefore, we must dismiss the claimant’s petition for review.

Jesse M. Frankl, Chairman

Compensation Review Board

Workers’ Compensation Commission