CASE NO. 439-CRD-4-85Workers’ Compensation Commission
MAY 10, 1988
The claimant was represented by Thomas J. Weihing, Esq.
The respondents were represented by Scott Wilson Williams, Esq., Law Office of Kevin J. Maher.
This Petition for Review from the December 9, 1985 Ruling Granting a Motion to Preclude of the Commissioner for the Fourth District was heard February 26, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Gerald Kolinsky.
OPINION
JOHN ARCUDI, Chairman.
In a December 9, 1985 ruling, the Fourth District Commissioner granted Claimant’s Motion to Preclude. Subsequently, the Connecticut Appellate Court held in Pelletier v. Caron Pipe Jacking, Inc., 13 Conn. App. 276 (1988) that a Sec. 31-294, C.G.S. Notice of Claim untimely on its face was no basis for the forfeiture provisions of Sec. 31-297 (b), C.G.S. to lie.
Here, Claimant submitted a claim for compensation April 9, 1985 seeking benefits for an alleged injury of April 17, 1977. As this submission was some eight years after the injury, Claimant’s Motion to Preclude must be denied under Pelletier.
The matter is remanded to the Fourth District for dismissal of the claim unless Claimant can demonstrate constructive compliance with the Sec. 31-294 notice provisions.
Commissioners Robin Waller and Gerald Kolinsky concur.