CZEKALA v. UNITED TECHNOLOGIES CORP., 3325 CRB-4-96-4 (6-20-96)


WESLIE CZEKALA, CLAIMANT-APPELLANT v. UNITED TECHNOLOGIES CORP./SIKORSKY AIRCRAFT DIV., RESPONDENT-APPELLEE

CASE NO. 3325 CRB-4-96-4Workers’ Compensation Commission
JUNE 20, 1996

DISMISSAL OF APPEAL

The claimant through her attorney, William J. Ward, has petitioned for review from the Commissioner acting for the Fourth District’s April 16, 1996 Finding and Dismissal of the 31-290a
Complaint. In that Finding and Dismissal the trial commissioner concluded that the claimant failed to sustain her burden of proof as to the respondent’s alleged violation of § 31-290a C.G.S. prohibiting discrimination against claimants who pursue their rights under our Workers’ Compensation Act. As this tribunal held in Rondini v. Tectonic Industries,10 Conn. Workers’ Comp. Rev. Op. 210, 1231 CRD-6-91-5 (December 4, 1992) the Compensation Review Board lacks jurisdiction over appeals relating to Sec. 31-290a
as the statute specifically provides “Any party aggrieved by the decision of the commissioner may appeal the decision to the appellate court.” See e.g., Morales v. Hydro Conduit Corp.,13 Conn. Workers’ Comp. Rev. Op. 10, 2155 CRB-6-94-9 (October 17, 1994); Erisoty v. Merrow Machine Co.,11 Conn. Workers’ Comp. Rev. Op. 131, 1639 CRB-6-93-2 (June 25, 1993). See also, Carreirav. Data Mail, 11 Conn. Workers’ Comp. Rev. Op. 268, 1391 CRB-6-92-3 (November 18, 1993).

The appeal is therefore dismissed.