Derench v. Administrator, Unemployment Compensation Act

• Decision Date: 04 June 1954
• Citation: 106 A.2d 150,141 Conn. 321
• Court: Connecticut Supreme Court
• Parties: DERENCH v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT. Supreme Court of Errors of Connecticut

Page 150

106 A.2d 150

141 Conn. 321

DERENCH v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT.

Supreme Court of Errors of Connecticut.

June 4, 1954.

William B. Hennessy, Waterbury, for appellant (plaintiff).

Harry Silverstone, Asst. Atty. Gen., with whom, on the brief, was William L. Beers, Atty. Gen., for appellee (defendant).

Before INGLIS, C. J., and BALDWIN, O'SULLIVAN, WYNNE and DALY, JJ.

BALDWIN, Justice.

This is an appeal from a judgment of the Superior Court dismissing the plaintiff's appeal from a decision of the unemployment commissioner for the fifth district. The basic question is whether the trial court erred in granting the motion of the administrator to dismiss the appeal from the commissioner because it had not been taken within the time prescribed by statute.

The record discloses the following facts: On December 22, 1952, the plaintiff presented her claim for unemployment benefits to the administrator. After a hearing on January 5, 1953, the administrator, by written notice mailed that day, disapproved the claim because of the failure of the plaintiff to comply with his regulations. On January 19, 1953, the plaintiff appealed to the unemployment commissioner. He dismissed her appeal on April 8 because it had not been filed within the time prescribed by General Statutes § 7513. On April 22, she moved to correct the finding, but the commissioner took no action on the motion. On the same day, she addressed to the commissioner a 'Petition for Review of Finding of Unemployment Compensation Commissioner.' It recited: 'The claimant * * * hereby * * * files this petition for review of the Finding of April 8, 1953, * * * of Unemployment Commission, Fifth Congressional District, and for grounds thereof assigns the following: (1) The commissioner erred in failing to find in accordance with paragraphs 1 to 16, inclusive, of the Motion to Correct the Finding * * *. (2) In holding and deciding that he has no power or jurisdiction to decide on the merits of this claim and to arrive at substantive justice thereon.' Upon receipt of his 'petition,' the commissioner caused to be stamped upon it the following: 'Received Apr. 22, 1953, Appeals Commissioner, 5th Cong. Dist.' On April 23, 1953, the plaintiff filed with the commissioner what she described as an 'Appeal from Unemployment Compensation Commissioner,' addressed to the Superior Court. The 'petition' and the 'appeal' were both forwarded to the Superior Court, where they were filed, the former on May 28, 1953, and the latter on April 24, 1953.

A decision of an unemployment commissioner becomes final on the fifteenth day after its rendition. General Statutes § 7520. An appeal must be taken before the fifteenth day. General Statutes § 7521. The decision of the commissioner rendered on April 8 became final on April 23. An appeal filed on April 23 would be too late. If, however, the 'petition' received on April 22 can be held to be an appeal, the plaintiff acted seasonably. Section 7516 of the General Statutes provides that in hearings and appeals 'no formal pleadings shall be required, beyond such informal notices as the commissioner shall approve', and that 'proceedings shall be had, as far as possible, in accordance with the rules of equity.' Our rules of practice require that the procedure in unemployment compensation cases shall follow, so far as practicable, that in workmen's compensation cases, 'except as otherwise specifically provided by statute'. Practice Book § 322. A form for an appeal is provided. Id., Form No. 468. While an appeal from the commissioner in a workmen's compensation case is...