Conn. Gen. Stat. § 31-301
(1949 Rev., S. 7450; 1958 Rev., S. 31-177; 1961, P.A. 491, S. 23; 1963, P.A. 642, S. 85; 1967, P.A. 692, S. 2; 1972, P.A. 108, S. 6; P.A. 74-183, S. 268, 291; P.A. 76-436, S. 231, 681; P.A. 78-280, S. 1, 127; P.A. 79-540, S. 3; P.A. 81-155, S. 2; 81-472, S. 144, 159; P.A. 84-133; P.A. 86-27; 86-56; P.A. 91-32 , S. 19 , 41 ; 91-339 , S. 20 , 55 ; P.A. 95-277 , S. 9 , 19 ; P.A. 01-22 , S. 1 ; P.A. 07-31 , S. 2 .)
Appeal does not open the case for trial de novo. 89 C. 143 , 150; Id., 370; 92 C. 90 . Commissioner's finding is part of the record and may be corrected by the Superior Court in the same manner as the finding of a trial court by the Supreme Court. 90 C. 446 ; 91 C. 531 ; 92 Conn. 90 ; 93 C. 94 ; 95 C. 673 ; 96 C. 634 ; 98 C. 287 ; Id., 755; 99 C. 355 ; 103 C. 429 ; 104 C. 537 ; 107 C. 251 . Reasons of appeal and answer thereto should be filed in the court. 91 C. 227 . What justifies setting award aside. 93 C. 83 ; 94 Conn. 9 ; 96 C. 299 . If the court materially alters the finding, it should recommit it to commissioner to decide on the altered facts. 97 C. 77 ; 106 C. 254 . Conclusion of fact based on subordinate facts is reviewable by the court. 100 C. 347 ; 102 C. 5 ; Id., 237; Id., 472. There is no appeal from refusal of commissioner to rehear the case or alter his finding. 101 C. 358 ; 108 C. 161 . Where the facts found are too indefinite to support the award, finding should be recommitted to commissioner. 102 C. 238 ; 106 C. 215 ; Id., 253; 107 C. 171 ; Id., 647. Nature of the appeal and correction of finding by Superior Court fully reviewed. 102 Conn. 5 14. Court should not set aside award because it differs with commissioner as to preponderance of evidence. 106 C. 109 . There is no appeal from an award of commissioner made in compliance with the decision of the Superior Court on a former appeal; appeal must be to the Supreme Court from the Superior Court decision. 108 C. 159 . Expense of printing testimony not taxable as costs on appeal. 109 C. 737 . Superior Court cannot change finding unless commissioner has found facts without evidence or has reached unreasonable conclusions. 120 C. 606 ; 121 C. 56 ; Id., 483; Id., 541; Id., 708; 122 C. 129 . When entire transcript may properly be filed; when testimony necessary for proper determination of case is not presented, case remanded for further hearing. 121 C. 274 . Motion to erase proper method to raise question whether there was a judgment from which appeal might be taken. 123 Conn. 103 . Cited. 132 C. 209 . Where motion to open award is made by party who intends to appeal from award if motion is denied, he may postpone the filing of the appeal until the motion is determined. 134 C. 269 . Where commissioner failed to pass upon specific claim potentially decisive of the case, it should be returned for further proceedings. 138 C. 482 . Cited. 141 Conn. 321 . Section affects the court to which appeal is taken, not employee's right to compensation; appeal brought to Superior Court after September 1, 1972 was brought to wrong court and Superior Court has no jurisdiction. 169 Conn. 646 . Cited. 179 Conn. 662 ; 207 Conn. 420 ; 213 Conn. 54 ; 217 C. 143 ; 220 C. 739 ; 227 Conn. 333 ; 231 Conn. 287 ; 232 Conn. 758 ; 233 Conn. 14 ; 235 Conn. 790 ; 239 Conn. 408 ; 240 Conn. 788 . Provision re payment deadline applies when payment is due under an award by compensation review board. 249 C. 365 . 10-day appeal period tolled when aggrieved party establishes that, through no fault of his own, he did not receive notice of commissioner's decision within 10 days of the date it was sent. 250 C. 581 . Provision re 10-day period for appeal commences on the date notice is sent to a party's counsel. Id., 592. Cited. 1 CA 142 ; 7 Conn.App. 142 ; 11 CA 693 ; 16 Conn.App. 138 ; 33 Conn.App. 695 ; judgment reversed, see 231 Conn. 469 ; 36 Conn.App. 150 ; Id., 298; 38 Conn.App. 1 ; 39 Conn.App. 717 ; 45 CA 199 . In matter where the issue was causation of injury, board did not improperly substitute its factual findings for those of commissioner but rather determined that commissioner's finding could not stand without the support of expert medical testimony and properly refused to remand the case for further proceedings. 62 CA 440 . Authority to extend time for taking an appeal. 9 CS 38 . Imposes on party seeking order the burden of showing (1) inability to pay and (2) that justice requires the action of commissioner be appealed from. Id., 379. A plea in abatement and not a motion to expunge is appropriate remedy to attack appeal not brought within 10 days. 15 CS 33 . Cited. 17 Conn.Supp. 288 ; 27 CS 410 . Amendment of October 1, 1967, applied to pending appeal which was then dismissed for failure to prosecute with due diligence. 24 CS 411 . Cited. 38 CS 648 . Subsec. (a): Cited. 206 C. 242 ; 207 C. 535 ; 212 Conn. 441 ; 228 Conn. 535 ; 231 Conn. 469 ; 237 Conn. 1 ; 241 Conn. 282 . Failure to take an appeal within the 20 day appeal limitation in Subsec. deprives board of subject matter jurisdiction, a defect which may be raised at any time. 299 C. 346 . Sec. 31-355(b) is inapplicable for purposes of determining when appeal period begins to run under Subsec. re Second Injury Fund claim because the fund had already been participating in proceedings before Workers' Compensation Commission. Id., 376. Appellate Court improperly concluded that it lacked subject matter jurisdiction for lack of a final judgment in matter in which defendant challenged commissioner's initial finding of plaintiff's total disability, but after remand by the board to commissioner, did not challenge commissioner's subsequent findings and award specifying amounts to be paid to plaintiff. 303 C. 238 . Cited. 33 Conn.App. 495 . Proper interpretation of limitation period contained in section is that 10-day period begins to run on day on which party wanting appeal is sent meaningful notice of commissioner's decision. 36 Conn.App. 29 8. Cited. 37 CA 392 ; 46 CA 298 . 10-day appeal period begins to run on day on which party wanting to appeal is sent meaningful notice of commissioner's decision. 49 CA 1 . Notice must be sent directly to plaintiff, not plaintiff's attorney, in order for appeal period to commence. 51 CA 92 . Appeal taken from a supplemental order directing the Second Injury Fund to compensate plaintiff is not a timely appeal challenging the findings and awards preceding that order if that appeal was taken outside the mandated 20 days from the issuing of the operative finding and award. 114 CA 58 . The time limitation on an appeal from the finding and award of commissioner imposed by Subsec. does not deprive the appellate tribunal of subject matter jurisdiction over the appeal. Id., 81; judgment reversed, see 299 Conn. 346 . Subsec. (c): It is implicit in statutory authority to reverse a decision of the trial commissioner that board may remand a case for a new hearing; legislature did not intend to impose unstated limitations on review board's discretion to order appropriately adjudicated new hearings. 251 Conn. 1 53. Cited. 34 Conn.App. 673 . Subsec. (f): Should be applied retroactively to all cases not actually transferred to the fund prior to the date provision became effective; concurring opinion based on legislative intent. 243 C. 311 .