Opinion
CASE NO. 154-CRD-7-82
JULY 27, 1984
The Claimant-Appellee was represented by James L. Rapaport, Esq.
The Respondents-Appellants were represented by William C. Brown, Esq.
This Petition for Review from the July 19, 1982 Finding and Award of the Commissioner for the Seventh District was argued July 29, 1983 before a Compensation Review Division Panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Rhoda Loeb.
FINDING AND AWARD
The Finding and Award of the Seventh District Commissioner is affirmed and adopted as the Finding and Award of the Compensation Review Division.
OPINION
Claimant, a nurse aide employee of the Respondent-Employer, Courtland Gardens Convalescent Home, claimed an injury to her back arising out of and in the course of her employment March 2, 1982. In a July 19, 1982 decision, the Seventh District Commissioner awarded temporary total disability benefits and also ordered payment of medical bills.
The Respondent-Employer filed a timely Petition to Review July 23, 1982 within ten days after the Commissioner's Award as required by Sec. 31-301, C.G.S. However, the Respondents failed to file Reasons of Appeal within ten days after they filed their Petition to Review as required by Sec. 31-301-1, Conn. Agencies Regulations.
That regulation has the force of law. It was adopted by the Commission in conformity with the legislative mandate contained in the last sentence of Sec. 31-301, C.G.S. This appeal therefore is fatally defective for failure to file timely "Reasons of Appeal."
"Acting together as a compensation review division, the commissioner shall adopt regulations in accordance with the provisions of chapter 54 to establish rules, methods of procedure and forms as they deem expedient for the purposes of this chapter."
The Respondents claimed to have discovered new evidence which would be a basis for opening and setting aside the Finding and Award. They wished the Compensation Review Division to hear this new evidence. We deny that Motion. However, that is no bar to their making such a Motion to the Commissioner who heard the matter.
The decision of the Commissioner is affirmed.
Commissioners Robin Waller and Rhoda Loeb concur in this opinion.