CRB Excuses Claimant's Failure to Attend Formal hearing

Posted by James Aspell | Jun 15, 2017 | 0 Comments

In the recent CRB case of Greene vs. Ansonia Copper and Brass the Claimant, who was represented by counsel, failed to attend a scheduled formal hearing to prosecute her claim for 31-308a post PPD discretionary payments. Unfortunately, the Claimant forgot about the hearing and at the appointed hour was in Virginia attending a family member's graduation . The Trial Commissioner dismissed her claim for benefits for failure to prosecute however the CRB reversed, essentially relying on the humanitarian purposes of the Connecticut Worker's Compensation Act as well as the notion that jurisdiction in a worker's comp case is continuous. Interestingly, the session which the claimant missed was in fact a session that had previously been continued 3 times at her own request.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...

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