ERISOTY v. MERROW MACHINE COMPANY, 1639 CRB-6-93-2 (6-25-93)

JOAN ERISOTY, CLAIMANT-APPELLANT v. MERROW MACHINE COMPANY, EMPLOYER and AETNA LIFE CASUALTY, INSURER, RESPONDENTS-APPELLEES

CASE NO. 1639 CRB-6-93-2Workers’ Compensation Commission
JUNE 25, 1993

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

DISMISSAL OF APPEAL

The claimant through her attorney, Leon Rosenblatt, 10 North Main Street, West Hartford, CT 06107-1988, has Petitioned for review from the trial commissioner acting for the Sixth District’s January 29, 1993 Finding and Dismissal of a Sec. 31-290a claim. In that Finding and Dismissal the trial commissioner dismissed the claimant’s claim that respondent-employer violated Sec. 31-290a[1] which prohibits discrimination against claimants who pursue their rights under our Workers’ Compensation Act.

In Rondini v. Tectonic Industries, 10 Conn. Workers’ Comp. Rev. Op. 210, 1231 CRD-6-91-5 (12/4/92) this tribunal held that the Compensation Review Board lacked Jurisdiction over appeals relating to Sec. 31-290a claims. Rondini referred to Sec. 31-290a(b)[2] which provides, “Any party aggrieved by the decision of the commissioner may appeal the decision to the appellate court.” The Rondini panel concluded that “appellate court” referred to the Appellate court of our state.

We therefore conclude that we lack jurisdiction over the instant appeal.

[1] Sec. 31-290a provides: Discharge or discrimination prohibited. Right of action. (a) No employer who is subject to the provisions of this chapter shall discharge, or cause to be discharged, or in any manner discriminate against any employee because the employee has filed a claim for workers’ compensation benefits or otherwise exercised the rights afforded to him pursuant to the provisions of this chapter.

[2] Sec. 31-290a(b) provides: (b) Any employee who is so discharged or discriminated against may either: (1) Bring a civil action in the superior court for the judicial district where the employer has its principal office for the reinstatement of his previous Job, payment of back wages and reestablishment of employee benefits to which he would have otherwise been entitled if he had not been discriminated against or discharged and any other damages caused by such discrimination or discharge. The court may also award punitive damages. Any employee who prevails in such a civil action shall be awarded reasonable attorney’s fees and costs to be taxed by the court; or (2) file a complaint with the chairman of the workers’ compensation commission alleging violation of the provisions of subsection (a)of this section. Upon receipt of any such complaint, the chairman shall select a commissioner to hear the complaint, provided any commissioner who has previously rendered any decision concerning the claim shall be excluded. The hearing shall be held in the workers’ compensation district where the employer has its principal office. After the hearing, the commissioner shall send each party a written copy of his decision. The commissioner may award the employee the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he otherwise would have been eligible if he had not been discriminated against or discharged. Any employee who prevails in such a complaint shall be awarded reasonable attorney’s fees. Any party aggrieved by the decision of the commissioner may appeal the decision to the appellate court.