Opinion
CASE NO. 4372 CRB-4-01-3CLAIM NO. 400014925
APRIL 26, 2001
DISMISSAL OF APPEAL RELATING TO § 31-290a CLAIM
The claimant has petitioned for review from the March 14, 2001 Finding and Dismissal of the Commissioner acting for the Fourth District. In that Finding and Dismissal the trial commissioner dismissed the claimant's claim regarding an alleged violation of § 31-290a C.G.S. which prohibits discrimination against claimants who pursue their rights under our Workers' Compensation Act. Additionally, the trial commissioner found that there was no undue delay of payments on the part of the respondents, and thus denied the claimant's request for interest and attorney's fees.
This tribunal has repeatedly held that the Compensation Review Board lad jurisdiction over appeals relating to § 31-290a, as that statute specifically provide party aggrieved by the decision of the commissioner may appeal the decision to Appellate Court." Rondini v. Tectonic Industries, 10 Conn. Workers' Comp.Rev.Op. 210, 1231 CRD-6-91-5 (Dec. 4, 1992); 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). Accordingly, we must dismiss the claimant's appeal insofar as it relates to the § 31-290a claim. However, as the claimant in her appeal has also alleged that the trial commissioner erred in denying her request for interest and attorney's fees, which is a separate issue from the § 31-290a claim, we will schedule that portion of her appeal to be heard by this board.
In accordance with the above, the appeal is therefore dismissed as to the § 31-290a C.G.S. claim.
______________________________ John A. Mastropietro, Chairman Compensation Review Board Workers' Compensation Commission
CERTIFICATION
THIS IS TO CERTIFY THAT a copy of the foregoing was mailed this 26th day of April 2001 to the following parties:
SALOME SPAK 7099 3400 0008 5807 7506
SHELTON LAKE RESIDENCE
JAMES SULLIVAN, ESQ. 7099 3400 0008 5807 7490
_____________________ Lorraine Lockery Administrative Hearings Lead Specialist Compensation Review Board Workers' Compensation Commission