MANUEL ALVES, CLAIMANT-APPELLEE v. THE ATLAS CONSTRUCTION COMPANY, EMPLOYER, RESPONDENT-APPELLEE and SECOND INJURY FUND, RESPONDENT-APPELLANT

CASE NO. 1402 CRB-7-92-4Workers’ Compensation Commission
JUNE 9, 1993

ORDER

The respondent-Atlas Construction Company’s May 26, 1993 request for modification of the Compensation Review Board’s May 7, 1993 Order was based on the U.S. Supreme Court decision, District of Columbia v. Greater Washington Board of Trade, ___ U.S. ___, 113 S.Ct. 580, L.Ed.2d (1992) and the Connecticut Supreme court order in Luis v. Frito-Lay, Inc., et al Almeida v. Frito-Lay, Inc., et al; Turcotta v. Frito-Lay, Inc., et al (S.C. 14536) of April 27, 1993. The United States and the Connecticut Supreme Court decisions held that Connecticut was preempted by the federal government’s E.R.I.S.A. legislation from enacting Sec. 31-284b. Therefore there is no jurisdiction in the Workers’ Compensation Commission to make Sec. 31-284b orders. A jurisdictional objection may be made at any time.

By the Compensation Review Board,

Jesse Frankl, Chairman Presiding Commissioner for the Compensation Review Board Panel Commissioners George Waldron and Donald H. Doyle