CASE NO. 1088 CRD-8-90-7Workers’ Compensation Commission
DECEMBER 27, 1991
The claimant was represented by Brian Mahon, Esq., and A. Elaine Rogers Parsons, Esq. both of Weigand, Mahon Adelman.
The respondents were represented by Ralph Russo, Esq., McGann, Bartlett Brown.
This Petition for Review from the July 20, 1990 Finding and Award of the Commissioner for the Eighth District was heard May 31, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Andrew Denuzze.
RULING ON MOTION TO DISMISS APPEAL
JOHN ARCUDI, CHAIRMAN.
In the above captioned matter the Compensation Review Division panel issued its decision December 13, 1991. The claimant appellee had filed a Motion to Dismiss the Respondent Appellants’ appeal May 24, 1991 almost eleven months after the appeal was filed in the Compensation Review Division office at Hamden.
The basis for the motion was that the appeal, although filed within the ten day period permitted by Sections 31-301 and Administrative Regulation Sec. 31-301-1, had not been filed within the requisite time period in the Eighth District Middletown office where the July 20, 1990 Finding and Award had been issued. Sec. 31-301 states that “either party may appeal . . . by filing in the office of the commissioner from which such award . . . originated.”
Sec. 31-280 states the “chairman may, at his discretion” hear any matter. This provision enacted by P.A. 80-414, the year after the Compensation Review Division was created, P.A. 79-540, in essence gave the chairman statewide jurisdiction. The district commissioners before P.A. 91-339 had only district wide jurisdiction. Because of that provision, an appeal filed in the office of the chairman can be treated as if it were filed in the office which had district jurisdiction.
The panel in its December 17 opinion did not verbalize this concept. However, by addressing the issue on the merits it adopted this interpretation and in essence denied the motion which had been filed eleven months after the appeal. So that there may be no misunderstanding, the claimant appellees’ Motion to Dismiss the Respondents’ July 30, 1990 appeal is denied.
Commissioners Robin Waller and Andrew Denuzze concur.