§ 31-249 — Appeal from employment security referee's decision to Employment Security Board of Review.

Connecticut § 31-249

• Jurisdiction: Connecticut
• Title 31: Labor
• Ch. 567: Unemployment Compensation

Text

At any time before the referee's decision has become final within the periods of limitation prescribed in section 31-248, any party including the administrator, may appeal therefrom to the board. Such appeal shall be filed in a manner prescribed by the appeals division and may be heard in any local office of the Employment Security Division or, in the case of an interstate claim, in the office in which the claim was filed, or in the office of the appeals referee or the board of review. Such appeal to the board may be heard on the record of the hearing before the referee or the board may hear additional evidence or testimony, provided the board shall determine what evidence shall be heard in the appeal established in accordance with the standards and criteria in regulations adopted pursuant to section 31-237g. The board may remand the case to a referee for such further proceedings as it may direct. Upon the final determination of the appeal by the board, it shall issue its decision, affirming, modifying or reversing the decision of the referee. The board shall state in each decision whether or not it was based on the record of the hearing before the referees, the reasons for the decision and the citations of any precedents used to support it. In any case in which the board modifies the referee's findings of fact or conclusions of law, the board's decision shall include its findings of fact and conclusions of law. See Sec. 31-301 re appeals to Compensation Review Board under provisions of Workers' Compensation Act.

Legislative History

(1949 Rev., S. 7521; 1951, S. 3078d; 1971, P.A. 835, S. 26; P.A. 74-339, S. 22, 36; P.A. 77-426, S. 12, 19; P.A. 83-570, S. 14, 17; P.A. 16-169, S. 11.) History: 1971 act substituted “judicial proceeding” for “action”, replaced section 397 with section 438 of practice book, deleted “of errors” with reference to “supreme court”, specified appeals to superior court need not require bond, authorized court to order that appeal shall not stay decision pending final adjudication, included disposition of appeal by remand and added provisions re procedure in remanded cases and gave judges unquestioned right to make rules regarding appeals from decisions of unemployment commissioners where previously they had the same right “as they have in workmen's compensation appeals”; P.A. 74-339 replaced references to commissioners with references to referees and replaced previous provisions re appeals to superior court with new provisions re appeals to the board; P.A. 77-426 added provision re sites at which appeals shall be filed and heard; P.A. 83-570 added reference to procedural regulations and required board to include statement of basis and reasons for decision and citation of precedents in its decisions; P.A. 16-169 added “in a manner prescribed by the appeals division” re filing appeal and made technical changes. Expenses of appeal denied where not claimed before administrator. 133 C. 310. Court does not try matter de novo; court may correct finding only to extent provided by Practice Book. 139 C. 20. Cited. 141 C. 321; 192 C. 104; Id., 581; 200 C. 243. Cited. 1 CA 591; 2 CA 1; 6 CA 588; 9 CA 131; 34 CA 620. Grounds on which Supreme Court may correct commissioner's findings. 7 CS 375; 10 CS 186. Appeal same as provided for in Workmen's Compensation Act. 12 CS 391. Right of appeal limited to those originally allowed to appeal under Sec. 31-241; aggrieved party analogous to Sec. 45-288. 15 CS 62. Cited. 17 CS 288. Court lacks jurisdiction to hear appeal if basis of commissioner's jurisdiction is not found in chapter. 21 CS 19. Function of court is to determine whether commissioner acted unreasonably, arbitrarily or illegally. Id., 144. Court may only determine whether commissioner acted unreasonably, arbitrarily or illegally; but if findings and conclusions of commissioner are not warranted by evidence, court may remand case for a rehearing and finding of facts in accordance with evidence. 22 CS 302. Cited. 23 CS 193; Id., 236. Function of court is only to ascertain whether commissioner's conclusion was unreasonable, arbitrary or illegal. 24 CS 507. Cited. 27 CS 215. Appeals under section are distinguished from Workmen's Compensation Act appeals in that grounds on which review is sought should be stated. Id., 403. In total absence of any statement of grounds of review, Superior Court had no jurisdiction of appeal and decision of commissioner became final 15 days after it was rendered. Id., 407. Review powers of Superior Court sufficient to remand decision of commissioner to him to make it more specific and to make full determination of rights of parties. 28 CS 248. Cited. 29 CS 316. Superior Court has only limited jurisdiction to review commissioner's finding. 33 CS 119. Cited. 37 CS 38; 39 CS 520; 44 CS 285.