Opinion
CASE NO. 1387 CRD-6-92-2
APRIL 1, 1993
The claimant appeared pro se with an interpreter.
The respondent was represented by Richard S. Bartlett, Esq., McGann, Bartlett and Brown.
This Petition for Review from the February 27, 1992 Finding and Dismissal of the Commissioner at Large acting for the Sixth District was heard January 22, 1993 before a Compensation Review Board panel consisting of the Chairman, Jesse Frankl and Commissioners George Waldron and Donald H. Doyle.
OPINION
The claimant has petitioned for review from the February 27, 1992 Finding and Dismissal of the Commissioner at Large acting for the Sixth District. In that Finding and Dismissal the trial commissioner dismissed the claimant's claim that the 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, 1231 CRD-6-91-5 (decided December 4, 1992) 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 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 or 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.
Commissioners George Waldron and Donald H. Doyle concur.