EMMENS v. SOUTHBURY FOOD CENTER, 455 CRD-5-86 (10-7-86)


ELSIE EMMENS, CLAIMANT-APPELLEE vs. SOUTHBURY FOOD CENTER, EMPLOYER and PEERLESS INSURANCE COMPANY, INSURER, RESPONDENTS-APPELLANTS and NORTH RIVER INSURANCE COMPANY, INSURER, RESPONDENT

CASE NO. 455 CRD-5-86Workers’ Compensation Commission
OCTOBER 7, 1986

The claimant was represented by Edward T. Dodd, Jr., Esq. and Mary Dalton, Esq.

Respondent Employer and Peerless Insurance Company were represented by Robert G. Montstream, Esq. and Charlene Ryan, Esq.

Respondent North River Insurance Company was represented by Edward D. O’Brien, Jr., Esq.

This Petition for Review from the January 30, 1986 Finding and Award of the Commissioner for the Fifth District was heard September 26, 1986 on a Motion To Dismiss by a Compensation. Review Division panel consisting of Commissioners Michael S. Sherman, Gerald Kolinsky and Andrew P. Denuzze.

DISMISSAL OF APPEAL

MICHAEL S. SHERMAN, Commissioner.

This appeal from the January 30, 1986 Finding and Award of the Fifth District Commissioner was filed February 7, 1986. On that same date, the respondents Southbury Food Center and Peerless Insurance Company filed with the Fifth District Commissioner a Motion To Correct Finding. A Motion For Extension Of Time To File Reasons Of Appeal was filed February 10, 1986. This Motion was granted by the Chairman of the Workers’ Compensation Commission February 21, 1986 until twenty-one (21) days after the trial Commissioner’s ruling on the Motion to Correct Finding. The Fifth District Commissioner denied said Motion to Correct Finding on or about March 24, 1986. No Reasons of Appeal were ever filed by the respondents.

Therefore, the appeal is dismissed for failure to comply with Administrative Regulations 31-301-2 which themselves have the force of a statute.

Commissioners Gerald Kolinsky and Andrew P. Denuzze concur.