CASE NO. 634 CRD-5-87Workers’ Compensation Commission
JANUARY 6, 1989
The claimant was represented by William Leary, Esq., Watstein Watstein.
The Second Injury Fund was represented at the trial level by Robert Murphy, Esq., Assistant Attorney General and on appeal by Michael J. Belzer, Esq., Assistant Attorney General.
This Petition for Review from the August 26, 1987 Granting of a Motion to Preclude of the Commissioner for the Fifth District was scheduled for oral argument. January 27, 1989. It is being decided without oral argument because of the jurisdictional issues raised. The Compensation Review Division panel consists of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Frank Verrilli.
OPINION
JOHN ARCUDI, Chairman.
This matter is on the C.R.D. assignment calendar for January 27, 1989. However, the appellant in its Motion to Correct raises jurisdictional issues as to the timeliness of the claim. Because of the appellate court decision, Pelletier v. Caron Pipe Jacking, Inc., 13 Conn. App. 276
(1988) and Castro v. Viera, 207 Conn. 420 (1988), it is necessary that evidence be taken at the district level to establish jurisdictional facts, if they exist.
Therefore, the matter is remanded to the Fifth District for further proceedings.
Commissioners Andrew Denuzze and Frank Verrilli concur.