CARTAGENA v. ELECTROFLEX HEAT, INC., NO. 4363 CRB-1-01-3 (6-6-2001)


CARMEN CARTAGENA CLAIMANT-APPELLEE v. ELECTROFLEX HEAT, INC. d/b/a HEFLEL, INC. EMPLOYER RESPONDENT-APPELLANT

CASE NO. 4363 CRB-1-01-3 CLAIM NO. 100043430Compensation Review Board WORKERS’ COMPENSATION COMMISSION
JUNE 6, 2001

DISMISSAL OF APPEAL
The respondent employer has petitioned for review from the February 23, 2001 Finding and Award of the Commissioner acting for the First District. In that Finding and Award the trial commissioner found that the respondent had violated § 31-290a C.G.S. which prohibits discrimination against claimants who pursue their rights under our Workers’ Compensation Act, and thus awarded the claimant damages. After reviewing the respondent’s Reasons for Appeal, it is clear that all of the issues relate to the merits of the case.

This tribunal has repeatedly held that the Compensation Review Board lacks jurisdiction over appeals relating to § 31-290a C.G.S., as that statute specifically provides: “Any party aggrieved by the decision of the commissioner may appeal the decision to the Appellate Court.” Rondiniv. Tectonic Industries, 10 Conn. Workers’ Comp.Rev.Op. 210, 1231 CRD-6-91-5 (Dec. 4, 1992); Morales v. Hydro Conduit Corp., 13 Conn. Workers’ Comp.Rev.Op. 10, 2155 CRB-6-94-9 (Oct. 17, 1994); see alsoErisoty v. Merrow Machine Co., 11 Conn. Workers’ Comp.Rev.Op. 131, 1639 CRB-6-93-2 (June 25, 1993), aff’d, 34 Conn. App. 708 (1994), cert. denied, 231 Conn. 908 (1994).

The appeal is therefore dismissed.

John A. Mastropietro Chairman Compensation Review Board Workers’ Compensation Commission

CERTIFICATIONTHIS IS TO CERTIFY THAT a copy of the foregoing was mailed this 6th
day of June 2001 to the following parties:

CARMEN CARTAGENA

GEORGE SPRINGER, JR., ESQ. 7099 3400 0008 5807 7223

ELECTROFLEX HEAT, INC. d/b/a HEFLEL, INC.

RALPH RUSSO, ESQ. 7099 3400 0008 5807 7254

_____________________ Lorraine Lockery Administrative Hearings Lead Specialist Compensation Review Board Workers’ Compensation Commission