Opinion
(SC 15959)
Argued March 17
Officially released April 27, 1999
Appeal by the defendants from a decision by the workers' compensation commissioner for the fifth district awarding benefits to the plaintiff, brought to the compensation review board, which affirmed the commissioner's decision, and the defendants appealed to the Appellate Court, Spear, Dupont and Spallone, Js., which affirmed the compensation review board's decision, and the defendants, on the granting of certification, appealed to this court. Appeal dismissed.
Dominick C. Statile, for the appellants (defendants).
Deborah McGill-Membrino, for the appellee (plaintiff).
Opinion
After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was granted improvidently.
We granted the defendants' petition for certification to appeal limited to the following issue: "Did the Appellate Court misapply General Statutes § 31-294c by affirming a compensation review board decision holding that a claimant who had an accepted, compensable leg and ankle injury is not barred from bringing a back claim, allegedly occurring from the same accident, more than one year after the date of the accident, without filing a written notice of claim for the back injury within the first year or otherwise satisfying one of the exceptions to the written notice of claim requirement?" Roman v. Eyelets for Industry, Inc., 245 Conn. 912, 912-13, 719 A.2d 1165 (1998).