CASE NO. 818-CRD-1-89-2Workers’ Compensation Commission
JUNE 19, 1990
The claimant was represented by Martin Krulewitz, Esq., formerly of, and James R. Sward, Esq., presently of, the Law Offices of Arnold L. Beizer.
The respondents were represented by Wayne A. Rustin, Esq., J.C. Penney Company, Inc.
This Petition for Review from the January 27, 1989 Finding and Award of the Commissioner at Large acting for the First District was heard February 23, 1990 before a Compensation Review Division panel consisting of the Commission Chairman John Arcudi, and Commissioners Frank Verrilli and George Waldron.
OPINION
JOHN ARCUDI, CHAIRMAN.
The only issue here presented is whether the trial Commissioner erred in concluding respondents must continue health coverage benefits pursuant to Sec. 31-284b
despite the argument that the state statute is preempted by the federal Employee Retirement Income Security Act of 1974 (ERISA). This contention seeks to have us determine the constitutional validity of Sec. 31-284b. As we held in Ferrillo v. O G Industries, Inc., 783 CRD-3-88-10 (2/21/90), we are a tribunal of limited jurisdiction and lack the plenary power necessary to decide constitutionality. For all the reasons stated in Ferrillo, id we cannot consider this ground of appeal. See also, Tufaro v. Pepperidge Farms, Inc., 802-CRD-7-88-12 (5/25/90).
The appeal is dismissed.
Commissioners Frank Verrilli and George Waldron concur.