Opinion
CASE NO. 1670 CRB-4-93-3
JUNE 9, 1993
DISMISSAL OF APPEAL
The claimant acting pro se has petitioned for review from the trial commissioner acting for the Fourth District's March 5, 1993 Finding and Dismissal of a Sec. 31-290a claim. In that Finding and Dismissal the trial commissioner dismissed the claimant's claim that respondent-employer violated Sec. 31-290a which prohibits discrimination against claimants who pursue their rights under our Workers' Compensation Act.
Sec. 31-290a(a) provides: No employer who is subject to the provisions of this chapter shall discharge or cause to be discharged or in any manner discriminate against any employee because the employee has filed a claim for workers' compensation benefits or otherwise exercised the rights afforded to him pursuant to the provisions of this chapter.
In Rondini v. Tectonic Industries, 10 Conn. Workers' Comp. Rev. Op. 210, 1231 CRD-6-91-5 (12/4/92) this tribunal held that the Compensation Review Board lacked jurisdiction over appeals relating to Sec. 31-290a claims. Rondini referred to Sec. 31-290a(b) which provides, "Any party aggrieved by the decision of the commissioner may appeal the decision to the appellate court." The Rondini panel concluded that "appellate court" referred to the Appellate Court of our state.
Sec. 31-290a(b) provides: (b) Any employee who is so discharged or discriminated against may either: (1) Bring a civil action in the superior court for the judicial district where the employer has principal office for the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he would have otherwise been entitled if he had not been discriminated against or discharged and any other damages caused by such, discrimination or discharge. The court may also award punitive damages. Any employee who prevails in such a civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court; or (2) file a complaint with the chairman of the workers' compensation commission alleging violation of the provisions of subsection (a) of this section. Upon receipt of any such complaint, the chairman shall select a commissioner to hear the complaint, provided any commissioner who has previously rendered any decision concerning the claim shall be excluded. The hearing shall be held in the workers' compensation district where the employer has its principal office. After the hearing, the commissioner shall send each party a written copy of his decision. The commissioner may award the employee the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he otherwise would have been eligible if he had not been discriminated against discharged. Any employee who prevails in such a complaint shall be awarded reasonable attorney's fees. Any party aggrieved by the decision of the commissioner may appeal the decision to the appellate court.
We therefore conclude that we lack jurisdiction over the instant appeal.