Sec. 31-249b. Appeal.
Sec. 31-249b. Appeal. At any time before the board's decision has become final,
any party, including the administrator, may appeal such decision, including any claim
that the decision violates statutory or constitutional provisions, to the superior court for
the judicial district of Hartford or for the judicial district wherein the appellant resides.
Any or all parties similarly situated may join in one appeal. In such judicial proceeding
the original and five copies of a petition, which shall state the grounds on which a review
is sought, shall be filed in the office of the board. The chairman of the board shall, within
the third business day thereafter, cause the original petition or petitions to be mailed to
the clerk of the Superior Court and copy or copies thereof to the administrator and to
each other party to the proceeding in which such appeal was taken; and said clerk shall
docket such appeal as returned to the next return day after the receipt of such petition
or petitions. In all cases, the board shall certify the record to the court. The record shall
consist of the notice of appeal to the referee and the board, the notices of hearing before
them, the referee's findings of fact and decision, the findings and decision of the board,
all documents admitted into evidence before the referee and the board or both and all
other evidentiary material accepted by them. Upon request of the court, the board shall
(1) in cases in which its decision was rendered on the record of such hearing before the
referee, prepare and verify to the court a transcript of such hearing before the referee;
and (2) in cases in which its decision was rendered on the record of its own evidentiary
hearing, provide and verify to the court a transcript of such hearing of the board. In any
appeal, any finding of the referee or the board shall be subject to correction only to the
extent provided by section 22-9 of the Connecticut Practice Book. Such appeals shall
be claimed for the short calendar unless the court shall order the appeal placed on the
trial list. An appeal may be taken from the decision of the Superior Court to the Appellate
Court in the same manner as is provided in section 51-197b. It shall not be necessary
in any judicial proceeding under this section that exceptions to the rulings of the board
shall have been made or entered and no bond shall be required for entering an appeal
to the Superior Court. Unless the court shall otherwise order after motion and hearing,
the final decision of the court shall be the decision as to all parties to the original proceeding. In any appeal in which one of the parties is not represented by counsel and in which
the party taking the appeal does not claim the case for the short calendar or trial within
a reasonable time after the return day, the court may of its own motion dismiss the
appeal, or the party ready to proceed may move for nonsuit or default as appropriate.
When an appeal is taken to the Superior Court, the clerk thereof shall by writing notify
the board of any action of the court thereon and of the disposition of such appeal whether
by judgment, remand, withdrawal or otherwise and shall, upon the decision on the appeal, furnish the board with a copy of such decision. The court may remand the case to
the board for proceedings de novo, or for further proceedings on the record, or for such
limited purposes as the court may prescribe. The court also may order the board to
remand the case to a referee for any further proceedings deemed necessary by the court.
The court may retain jurisdiction by ordering a return to the court of the proceedings
conducted in accordance with the order of the court or the court may order final disposition. A party aggrieved by a final disposition made in compliance with an order of the
Superior Court, by the filing of an appropriate motion, may request the court to review
the disposition of the case.
(P.A. 74-339, S. 25, 36; P.A. 75-339; P.A. 76-436, S. 620, 681; P.A. 78-280, S. 1, 5, 127; P.A. 79-376, S. 32; P.A. 80-428; P.A. 81-472, S. 64, 159; P.A. 82-472, S. 107, 183; June Sp. Sess. P.A. 83-29, S. 14, 82; P.A. 88-230, S. 1, 12; P.A.
90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 00-196, S. 20; P.A. 07-193, S. 2.)
History: P.A. 75-339 allowed appeals to court "in and for the county wherein the appellant resides"; P.A. 76-436 added
reference to judicial districts and specified that appeals to supreme court be made in accordance with Sec. 52-7 rather than
"in the same manner as is provided in civil actions", effective July 1, 1978; P.A. 78-280 deleted reference to counties and
substituted "judicial district of Hartford-New Britain" for "Hartford county"; P.A. 79-376 replaced "workmen's compensation" with "workers' compensation"; P.A. 80-428 specified when transcript is to be provided to court where previously
transcript was a part of record without exception; P.A. 81-472 removed language concerning the assignment of appeals
with the same privileges as workers' compensation appeals, as such workers compensation appeals no longer have preferential status; P.A. 82-472 made a technical correction; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and
substituted appellate court in lieu thereof; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial
district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September
1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September
1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to
September 1, 1998, effective July 1, 1995; P.A. 00-196 made a technical change; P.A. 07-193 authorized appeal of board's
decision, including any claim that decision violates statutory or constitutional provisions.
Cited. 172 C. 492. Cited. 175 C. 562. Cited. 177 C. 132. Cited. 181 C. 1. Cited. 184 C. 317. Cited. 192 C. 104; Id., 581.
Cited. 196 C. 440. Cited. 209 C. 381. Cited. 238 C. 273. There is no language in this or any other unemployment compensation statute suggesting that court may hear claims on appeal from the board over which the board lacks jurisdiction. 280
C. 745.
Cited. 1 CA 591. Cited. 2 CA 1. Cited. 5 CA 309. Cited. 6 CA 588. Cited. 25 CA 130. Cited. 34 CA 620. Cited. 39 CA
441. Cited. 43 CA 779. Plaintiff's failure to appeal timely from trial court's prior dismissal of his unemployment compensation claim concluded his cause of action for unemployment benefits. Accordingly, plaintiff's petition for declaratory and
injunctive relief based on identical claim arising from the same underlying proceeding was properly dismissed. 93 CA 37.
Reviewing court does not try the matter de novo, but only determines whether the board acted unreasonably, arbitrarily
or illegally. 36 CS 210. Cited. 37 CS 38. Cited. 40 CS 305. Cited. 44 CS 285.