HENRY J. McININCH, CLAIMANT-APPELLANT vs. CITY OF NEW LONDON, EMPLOYER and TRAVELERS INSURANCE COMPANY, INSURER, RESPONDENTS-APPELLEES

CASE NO. 245 CRD-2-83Workers’ Compensation Commission
DECEMBER 22, 1986

Before the trial Commissioner the claimant was represented by Charles L. Flynn, Esq. However, claimant appeared pro se before the Compensation Review Division. Henry J. McIninch.

Respondent-Employer was represented by Donald W. Strickland, Esq. and Edward O’Donnell, Jr., Esq., Siegel, O’Connor Kainen, P.C.

Respondent-Insurer was represented by James L. Pomeranz, Esq., Pomeranz, Drayton Stabnick.

This Petition for Review from the April 8, 1983 Finding and Award of the Second District Commissioner was heard September 23, 1983 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi and Commissioners Rhoda Loeb and Frank Verrilli.

RULING ON MOTION TO DISMISS APPEAL

JOHN ARCUDI, Chairman.

Counsel represented claimant, a retired regular member of the New London police force in a 7-433c claim below. The Second District Commissioner granted reimbursement of medical expenses but denied the claim for temporary partial compensation in a Finding and Award of April 8, 1983. In a letter dated June 24, 1983 and received in the Second District June 27, 1983, claimant indicated a desire to file an appeal. That letter also alleged that his counsel had not notified claimant of the April 8 decision.

The Second District responded by mailing claimant a Petition for Review form. Claimant filed his Petition for Review pro se July 19, 1983. Unfortunately we cannot address the merits of the appeal as it fails to comply with 31-301, C.G.S. and 31-301-1, Adm. Reg. Roog v. State, 69 CRD-4-81, 1 Conn. Workers’ Comp. Rev. Op. 217 (1982). Even if we were to treat claimant’s June 24 letter as the actual appeal and accept it as filed June 27, this would not comply with the mandated ten day period for filing.

Therefore, the respondent municipality’s Motion To Dismiss the appeal is granted.

Commissioners Rhoda Loeb and Frank Verrilli concur.

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