CUTLER v. PEPPERIDGE FARM, INC., 285 CRD-7-83 (12-2-86)


DAVID CUTLER, CLAIMANT-APPELLANT vs. PEPPERIDGE FARM, INC., EMPLOYER, LIBERTY MUTUAL INSURANCE CO., INSURER, RESPONDENTS-APPELLEES

CASE NO. 285 CRD-7-83Workers’ Compensation Commission
DECEMBER 2, 1986

Claimant was represented by Steven Bliss, Esq., at the trial level and through the initial appeal process, after which he appeared pro se. David Cutler.

Respondents were represented by Kevin J. Maher, Esq.

This Petition for Review from the November 22, 1983 Corrected Finding and Award of the Seventh District Commissioner was heard February 24, 1984 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Frank Verrilli.

OPINION

JOHN ARCUDI, Chairman.

Claimant appealed from a Corrected Finding and Award entered November 22, 1983 by the Commissioner of the Seventh District. The Corrected Finding and Award was rendered subsequent to an original Finding and Award made by the Commissioner dated May 2, 1983. In the Commissioner’s Corrected Finding and Award the claimant was deemed to have been totally disabled from May 4, 1982. However, that portion of the Commissioner’s May 2, 1983 Finding and Award which dismissed claimant’s claim for permanent partial disability was confirmed by the November 22, 1983 Corrected Finding and Award of the Commissioner.

The claimant’s Petition for Appeal was received in the Seventh District on December 2, 1983 and was followed by a Motion to Extend Time to File a Statement of Reasons for Appeal. Claimant’s motion was granted and the claimant was given until January 3, 1984 to file his Statement of Reasons for Appeal. On January 6, 1984, a letter was received in which claimant acknowledged he was no longer represented by Counsel and sought to submit a physician’s report dated July 5, 1983.

A Motion To Dismiss The Appeal was filed by the respondent’s attorney. In the respondent’s Motion to Dismiss it is alleged that the claimant’s appeal is procedurally defective as he has not complied with Administrative Regulation 31-301-2 and 31-301-4. The Motion to Dismiss must be granted as no Reasons of Appeal have been filed, Domizio v. Domizio Enterprises, Inc. 306 CRD-5-84, 3 Conn. Workers’ Comp. Rev. Op. 19 (1985); Johnson v. Courtland Gardens Convalescent Home, 154 CRD-7-82, 2 Conn. Workers’ Comp. Rev. Op. 82 (1984).

Commissioners Robin Waller and Frank Verilli concur.