CASE NO. 1200 CRD-5-91-3Workers’ Compensation Commission
JUNE 16, 1993
ORDER
The May 25, 1993 Motion by the claimant-cross appellant, Lawrence Mulligan to modify the May 3, 1993 order of the Compensation Review Board is denied. The May 3 C.R.B. order was based on the U.S. Supreme Court decision, District of Columbia v. Greater Washington Board of Trade ___ U.S. ___ 113 S.Ct. 580, L.Ed.2d (1992) and the Connecticut Supreme Court order in Luis v. Frito-Lay, Inc., et al; Almeida v. Frito-Lay, Inc. et al; Turcotte v. Frito-Lay, Inc. et al., S.C. 14536 of April 27 1993. The U.S. and the Connecticut Supreme Court decisions held that Connecticut was preempted by E.R.I.S.A. from enacting Sec. 31-284b. Therefore there is no jurisdiction in the Workers’ Compensation Commission to make Sec. 31-284b orders. A jurisdictional objection may be made at any time.
By the Compensation Review Board,
John Arcudi, Commissioner Presiding Commissioner for the Compensation Review Board Panel Commissioners Michael S. Sherman and A. Thomas White