Bazon v. ABF Freight Systems, Inc.

CASE NO. 4736 CRB-4-03-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 3, 2003

DENNIS BAZON

CLAIMANT-APPELLEE

v.

ABF FREIGHT SYSTEMS, INC.

EMPLOYER

and

MACDONALD COMPANIES

INSURER

RESPONDENTS-APPELLANTS

DISMISSAL OF APPEAL

Respondents have filed a Petition for Review from the trial commissioner acting for the Fourth District’s September 9, 2003 Finding and Award Pursuant To C.G.S. § 31-290a. In that Finding the trial commissioner awarded lost wages, reimbursement of medical and insurance costs, attorney’s fees and costs. An earlier Finding issued December 15, 2002 ordered reinstatement of employment.

Section 31-290a states in pertinent part; “[t]he commissioner may award the employee the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits . . . reasonable attorney’s fees. Any party aggrieved by the decision of the commissioner may appeal the decision to the Appellate Court.”

This board lacks jurisdiction over respondents appeal. Therefore, it must be dismissed. See, Kenyon v. General Dynamics Corp./Electric Boat Division, 4497 CRB-1-02-3 (March 13, 2002); Johnson v. Rainbow Rentals, 4295 CRB-1-00-9 (January 18, 2001); Bylo v. Pepsi Cola Company, 4058 CRB-3-99-6 (July 13, 1999); Rapuano v. Yale University, 3868 CRB-3-98-7 (August 24, 1998).

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission