Opinion
CASE NO. 03868 CRB-03-98-07CLAIM NO. 300000909
AUGUST 24, 1998
DISMISSAL OF APPEAL
The claimant has petitioned for review from the July 28, 1998 Finding and Dismissal of the Commissioner acting for the Third District. In that Finding and Dismissal the trial commissioner concluded that the claimant failed to sustain his burden of proof as to the alleged violation of § 31-290a C.G.S. which prohibits discrimination against claimants who pursue their rights under our Workers' Compensation Act. As this tribunal held in Rondini v. Tectonic Industries, 10 Conn. Workers' Comp. Rev. Op. 210, 1231 CRD-6-91-5 (Dec. 4, 1992), the Compensation Review Board lacks jurisdiction over appeals relating to Sec. 31-290a as that statute specifically provides: "Any party aggrieved by the decision of the commissioner may appeal the decision to the Appellate Court." See Morales v. Hydro Conduit Corp., 13 Conn. Workers' Comp. Rev. Op. 10, 2155 CRB-6-94-9 (Oct. 17, 1994); see also Erisoty v. Merrow Machine Co., 11 Conn. Workers' Comp. Rev. Op. 131, 1639 CRB-6-93-2 (June 25, 1993), aff'd., 34 Conn. App. 708 (1994), Motion for Reargument Denied (7/20/94), cert. denied, 231 Conn. 908 (1994).
The appeal is therefore dismissed.
Jesse M. Frarkl, Chairman Compensation Review Board Workers' Compensation Commission
Lorraine Lockery Administrative Hearings Lead Special Compensation Review Board Workers' Compensation Commission