CUMMINGS v. TWIN TOOL MANUFACTURING, 3641 CRB-1-97-6 (8-4-1997)


DAVID CUMMINGS, CLAIMANT-APPELLANT, v. TWIN TOOL MANUFACTURING, EMPLOYER, AND ROLLINS HUDIG HALL OF CONNECTICUT, INC., INSURER, RESPONDENTS-APPELLEES

CASE NO. 3641 CRB-1-97-6Workers’ Compensation Commission
AUGUST 4, 1997

DISMISSAL ORDER

The claimant has filed an appeal from an order issued on July 14, 1995 by Commission Chairman Jesse M. Frankl. The claimant’s appeal was filed on June 20, 1997. The claimant’s petition for review was not filed within the time limit prescribed by § 31-301 (a) C.G.S., which states that “[a]t any time within ten days after entry of an award by the commissioner . . . either party may appeal therefrom to the compensation review board by filing in the office of the commissioner . . . an appeal petition . . . .” (Emphasis added). We have consistently ruled that the appealing party must file its appeal within the prescribed time period in order for this Board to have subject matter jurisdiction over the appeal. Corona v. Uniroyal Chemical, Inc.,9 Conn. Workers’ Comp. Rev. Op. 105, 987 CRD-5-90-3 (March 13, 1991) (dismissing appeal to this Board filed on the eleventh day following trial commissioner’s decision); Famiglietti v. Dossert Corporation,8 Conn. Workers’ Comp. Rev. Op. 65, 804 CRD-5-88-12 (April 17, 1990);Johnston v. ARA Services Inc., 7 Conn. Workers’ Comp. Rev. Op. 19, 20, 765 CRD-7-88-8 (June 29, 1989).

The claimant’s petition for review was not filed within the time limits required by § 31-301 (a) and it is thus dismissed as untimely.

Jesse M. Frankl, Chairman Compensation Review Board Workers Compensation Commission