CASE NO. 543 CRD-7-87Workers’ Compensation Commission
JUNE 5, 1989
The claimant was represented by Lawrence E. Larson, Esq.
The respondents were represented by Thomas H. Cotter, Esq., Cotter, Cotter Sohon, and Thomas Mulligan, Esq., and James M. Hughes, Esq., McNamara and Kenney.
This Petition for Review from the December 26, 1986 Finding and Dismissal and May 31, 1988 Ruling on Motion to Re-Open and Modify of the Commissioner of the Eighth District acting for the Seventh District was heard October 28, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Michael S. Sherman and A. Thomas White, Jr.
OPINION
JOHN ARCUDI, CHAIRMAN.
Claimant has appealed the trial Commissioner’s December 26, 1986 Finding and Dismissal and his May 31, 1988 Ruling denying the Motion to Re-Open and Modify. The appeal attacks the Commissioner’s conclusions that claimant was ineligible for temporary total disability payments after July 2, 1984 and also that claimant was not entitled to payment for certain medical bills.
Respondents have filed a Motion to Dismiss Appeal alleging claimant’s Petitions for Review dated January 5, 1987 and September 16, 1988 were not filed within ten (10) days as required by Sec. 31-302 C.G.S. The first Petition for Review from the December 26, 1986 decision was filed within the ten days permitted by Sec. 31-301 on January 5, 1987 in the Seventh District office. Respondents argue that it should have been filed in the Eighth District office of Commissioner Kolinsky the trial Commissioner. Sec. 31-301(a) provides, “either party may appeal to the compensation review division by filing in the office of the commissioner from which such award or such decision on a motion originated an appeal petition. . .” In this case, the Eighth District Commissioner Kolinsky was acting for the Seventh District. Therefore, filing the appeal in either the Seventh or Eighth District was permissible under the statute.
We do, however, agree that claimant’s appeal from the May 31, 1988 ruling was late as it was not received until September 16, 1988. We, therefore, will dismiss the September 16 appeal from the May 31, 1988 ruling.
On the substantive issues raised the Commissioner’s conclusion that claimant was not entitled to temporary total disability must stand unless it “result[s] from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them.” Fair v. People’s Savings Bank, 207 Conn. 535, 539 (1988). Our review of the record below shows that there was evidence to support the trial Commissioner’s findings.
Claimant also seeks payment of certain medical bills. Absent a finding that the medical bills were causally related to the compensable injury of February 27, 1980, we find no error in the Commissioner’s decision denying payment.
We, therefore, affirm the Finding and Dismissal of the trial Commissioner.
Commissioners Michael S. Sherman and A. Thomas White, Jr. concur.