SAMUEL A. GINONI, CLAIMANT-APPELLEE vs. SIKORSKY AIRCRAFT, EMPLOYER and LIBERTY MUTUAL INSURANCE COMPANY, INSURER, RESPONDENTS-APPELLEES and SECOND INJURY AND COMPENSATION ASSURANCE FUND, RESPONDENT-APPELLANT

CASE NO. 301 CRD-4-84Workers’ Compensation Commission
JANUARY 26, 1987

The claimant was represented by Michael Riccio, Esq.

Respondent-Employer and Insurer were represented by Brian E. Prindle, Esq.

The Second Injury and Compensation Assurance Fund was represented by Robert W. Murphy, Esq., Assistant Attorney General.

This Petition for Review from the January 31, 1984 Finding and Award of the Fourth District Commissioner was heard September 19, 1984 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi and Commissioners Andrew Denuzze and Rhoda Loeb.

FINDING AND AWARD

The January 31, 1984 Finding and Award of the Fourth District Commissioner is affirmed and adopted as the Finding and Award of this tribunal.

DISMISSAL OF APPEAL

JOHN ARCUDI, Chairman.

Second Injury Fund liability under 31-349 C.G.S. for a scarring and disfigurement award is the issue here raised on appeal by the Respondent Fund. The Fund filed an appeal from the Commissioner’s January 31 Order on February 6, 1984. But no Reasons of Appeal were filed until seven months later on September 7, 1984. Administrative Regulations 31-301-2 require such Reasons to be filed within ten days of the appeal. Therefore, this appeal is procedurally defective and must be dismissed. Domizio v. Domizio Enterprises, Inc., 306 CRD-5-84, 3 Conn. Worker’ Comp. Rev. Op. 19 (1985), Johnson v. Courtland Gardens Convalescent Home, 154 CRD-7-82, 2 Conn. Workers’ Comp. Rev. Op. 82 (1984).

The Appeal is Dismissed.

Commissioners Andrew Denuzze and Rhoda Loeb concur.

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