Teixeira v. Home Depot

CASE NO. 6002 CRB-4-15-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MAY 12, 2015

ROBERT B. TEIXEIRA

CLAIMANT-APPELLANT

v.

HOME DEPOT

EMPLOYER

and

LIBERTY MUTUAL INS. CO.

INSURER

RESPONDENTS-APPELLEES

ORDER

Claimant, acting on his own behalf, has filed an appeal from the trial commissioner’s April 7, 2015 Finding and Dismissal. The Finding dismissed claimant’s claim for wrongful termination pursuant to § 31-290a. A prior Findings and Orders issued May 24, 2013 “denied the claimant’s underlying workers’ compensation claim for a left knee and low back injury alleged to have arisen during the course of his employment. . .” April 7, 2015 Findings, ¶ 3.

Sec. 31-290a states in pertinent part, “[a]ny party aggrieved by the decision of the commissioner may appeal the decision to the Appellate Court.” This board lacks jurisdiction over this issue on appeal. See, Dow v. City Carting Company, Inc., 5463 CRB-3-09-5 (June 3, 2009); Galovich v. Federal Express Corporation, 5307 CRB-2-07-12 (January 3, 2008). Claimant’s wrongful discharge claim must be pursued by way of the Appellate Court.

In light of this Order, respondents’ Motion To Dismiss Appeal filed April 22, 2015 is hereby granted.

John A. Mastropietro, Chairman

Compensation Review Board

Workers’ Compensation Commission