DAMIANO v. STATE, 196 CRD-2-83 (6-19-84)


DOMINIC DAMIANO, CLAIMANT-APPELLEE vs. STATE OF CONNECTICUT, Uncas-On-Thames, EMPLOYER, RESPONDENT-APPELLANT WILHELMINA TOBEY, CLAIMANT-APPELLEE vs. STATE OF CONNECTICUT, Uncas-On-Thames, EMPLOYER, RESPONDENT-APPELLANT ETHEL SULLIVAN, CLAIMANT-APPELLEE vs. STATE OF CONNECTICUT, Uncas-On-Thames, EMPLOYER, RESPONDENT-APPELLANT BARBARA KOKOSKY, CLAIMANT-APPELLEE vs. STATE OF CONNECTICUT, Uncas-On-Thames, EMPLOYER, RESPONDENT-APPELLANT

CASE NO. 196 CRD-2-83 CASE NO. 197 CRD-2-83 CASE NO. 198 CRD-2-83 CASE NO. 199 CRD-2-83Workers’ Compensation Commission
JUNE 19, 1984

In all of the above cases, the Claimants were represented by Nancy A. Donahue, Esq., Creane
Donahue.

In all of the above cases, the Respondents-Appellants were represented by Robert G. Girard, Esq., Assistant Attorney General.

These matters were heard on May 25, 1984, on Motions to Dismiss the Appeals filed by the respective Claimants. The Motions were argued before a Compensation Review Division Panel consisting of Commissioner Gerald Kolinsky, the Commission Chairman, John Arcudi and Commissioner Frank Verrilli.

DISMISSAL OF APPEAL

GERALD KOLINSKY, Commissioner.

In each of the above cases, the Compensation Commissioner for the Second District rendered his Finding and Award on January 4, 1983.

In each of the above cases, on January 10, 1983, the respondent-employer filed in the office of the Second District a “Statement of Reasons for Appeal,” and on January 24, 1983 filed a Petition for Review, as set forth in the Administrative Regulations Sections 31-301-1 et seq.

Section 31-301, Connecticut General Statutes, authorizes an appeal to the Compensation Review Division “[A]t any time within ten days after entry of such award by the commissioner . . . by filing in the office of the commissioner . . . an appeal petition.”

The respondent-employer’s appeals are defective because the petitions were not filed within ten days, as we have previously iterated in Golub v. State of Connecticut, 4 CRD-2-79, 1 Compensation Review Division Opinions 3 (1980) and Ilewicz v. State of Connecticut, 10 CRD-2-80, 1 Compensation Review Division Opinions 5 (1980).

Chairman John Arcudi and Commissioner Frank Verrilli concur in this opinion.