Opinion
CASE NO. 658 CRD-1-87
JULY 25, 1989
The claimant was represented by Robert Reeve, Esq., Wollenberg, Scully Nicksa.
The respondents were represented by Gary Star, Esq., and Kenneth R. Plumb, Esq., Siegel, O'Connor, Schiff, Zangari Kainen.
This Petition for Review from the October 15, 1987 Finding and Award of the Commissioner for the First District was heard February 24, 1989 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Andrew Denuzze.
OPINION
Respondents' appeal from the First District October 15, 1987 Finding and Award contends Sec. 31-284b C.G.S. was unconstitutional as it was preempted by the federal Employee Retirement Income Security Act (ERISA). The trial Commissioner concluded that he had no jurisdiction to decide constitutional issues, Caldor, Inc. v. Thornton, 191 Conn. 336, 344 (1983). We agree. See also; Faraci v. Conn. Light Power Co., 508 CRD-2-86 (August 10, 1988; Repasi v. Jenkins Bros., 4 Conn. Workers' Comp. Rev. Op. 82, 227 CRD-4-83 (1987) dism'd on other grounds 16 Conn. App. 121 (1988) cert. denied 209 Conn. 817 (1988).
Further even if we had such jurisdiction we would be persuaded by Judge Dorsey's decision in R.R. Donnelly Sons Co., v. Judy Prevost, No. h-88-389 (D. Ct. Apr. 12, 1989) and O G Industries, Inc., v. John Arcudi, No. H-88-448 (D. Ct. Apr. 12, 1989) which concluded that Sec. 31-284b was not preempted by ERISA.
We therefore affirm the Finding and Award and dismiss the appeal.
Commissioners Robin Waller and Andrew Denuzze concur.