TSIMBIDAROS v. JACKSON, 03575 CRB-04-97-03 (4-2-1998)

APOSTOLOS TSIMBIDAROS, CLAIMANT-APPELLANT v. LIONEL JACKSON AND PATRICIA JACKSON, EMPLOYER and COMMERCIAL UNION INSURANCE, INSURER, RESPONDENTS-APPELLEES

CASE NO. 03575 CRB-04-97-03 CLAIM NO. 0400021109Workers’ Compensation Commission
APRIL 2, 1998

The claimant did not appear at oral argument.

The employer was represented by David J. Weil, Esq., Nuzzo
Roberts.

This Petition for Review from the March 17, 1997 Order of the Commissioner acting for the Fourth District was heard September 19, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

DISMISSAL ORDER
JESSE M. FRANKL, CHAIRMAN.

The claimant has filed an untimely petition for review from the March 17, 1997 Order of the trial commissioner acting for the Fourth District. The claimant’s petition for review was filed on March 31, 1997, over ten days after the trial commissioner’s Order had been issued on March 17, 1997.

The claimant’s petition for review was not filed within the time limit prescribed by § 31-301(a) C.G.S., which states that “[a]t any timewithin ten days after entry of an award by the commissioner . . . either party may appeal therefrom to the compensation review board by filing in the office of the commissioner . . . an appeal petition . . .” (Emphasis added). We have consistently ruled that the appealing party must file its appeal within the prescribed time period in order for this Board to have subject matter jurisdiction over the appeal. Cioffi v. Trumbull Marriot,15 Conn. Workers’ Comp. Rev. Op. 297, 2209 CRB-4-94-11 (June 20, 1996).

We conclude that the claimant’s petition for review was not filed within the time limits required by § 31-301(a) and we thus must dismiss it as untimely.

The claimant’s appeal is dismissed.

Commissioners James J. Metro and John A. Mastropietro concur.