RAYMOND PARKER, CLAIMANT-APPELLANT vs. WINTONBURY ASSOCIATES, EMPLOYER and EMPLOYERS INSURANCE COMPANY OF WAUSAU, INSURER, RESPONDENTS-APPELLEES

CASE NO. 386 CRD-1-85Workers’ Compensation Commission
JUNE 12, 1985

The claimant-appellant was represented by John M. Andreini, Esq., FAZZANO DUBAY.

The respondents-appellees were represented by Richard S. Bartlett, Esq., McGANN, BARTLETT
BROWN.

This matter was heard on April 26, 1985, on a Motion To Dismiss Appeal filed by the respondents. The Motion was argued before a Compensation Review Division Panel consisting of the Commission Chairman Arcudi, and Commissioners Gerald Kolinsky and Frank Verrilli.

ORDER OF DISMISSAL

JOHN ARCUDI, CHAIRMAN.

In the above captioned matter, the Commissioner at Large sitting in the First District issued a Finding and Dismissal of Claim February 15, 1985. On February 25, the claimant through counsel filed a Motion for Extension of Time to File Appeal. On February 26, claimant filed a Petition for Review. On April 26, 1985 claimant’s counsel hand delivered Reasons of Appeal to the Compensation Review Division panel which was that day hearing Respondents’ Motion to Dismiss Appeal due to late filing.

Since this appeal was filed one day late it must be dismissed under Regulations 31-301-1, Golub v. State of Connecticut, 4 CRD-2-79, 1 Conn. Workers’ Comp. Rev. Op. 3 (1980), Ilewicz v. State of Connecticut, 10 CRD-2-80, 1 Conn. Workers’ Comp. Rev. Op. 5
(1980). The Supreme Court Rules, 3000 et. seq. of the Connecticut Practice Book do not apply as the Commission has adopted a specific Regulation, 31-301-1 to cover the situation, and that Regulation does not permit the filing of a Motion to Extend the Time for Filing an Appeal.

Commissioners Kolinsky and Verrilli concur with this order.

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