CASE NO. 428 CRD-2-85Workers’ Compensation Commission
APRIL 9, 1987
The claimant was represented pro se in proceedings before the trial Commissioner which resulted in the Finding and Dismissal dated October 23, 1985. In subsequent proceedings before the trial Commissioner claimant was represented by John T. Asselin, Esq. At oral argument claimant was represented by Robert Kowalczyk, Esq., Asselin Associates.
The respondents were represented by Howard B. Field III, Esq., Law Office of Brian Prindle.
This Petition for Review from the October 23, 1985 Finding and Dismissal of the Second District Commissioner and subsequent August 28, 1986 Ruling on Motion to Re-Open Judgment was heard March 27, 1987 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Darius J. Spain and Michael S. Sherman.
OPINION
JOHN ARCUDI, Chairman.
Claimant moved to re-open an October 23, 1985 Finding and Dismissal by the Second District. His motion was granted August 28, 1986 and the Finding and Dismissal was vacated. As of the date of this appellate proceeding no judgment on the merits of the re-opened claim has been rendered by the trial Commissioner. Thus, there now exists no final judgment below. Luliewicz v. Eastern Malleable Iron Co., 126 Conn. 522 (1940)
We, therefore, vacate both appeals and remand this matter to the trial Commissioner for further proceedings.
Commissioners Spain and Sherman concur in this opinion.
[1] Claimant’s Petition for Review was submitted within 10 days after the October 23, 1985 Finding and Dismissal of claim. Respondents’ Petition for Review was submitted within 10 days after the trial Commissioner’s ruling on Motion to Re-Open Judgment dated August 28, 1986.