Sec. 31-249. Appeal from employment security referee's decision to Employment Security Board of Review.
Sec. 31-249. Appeal from employment security referee's decision to Employment Security Board of Review. 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 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.
(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.)
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.
See Sec. 31-301 re appeals to Compensation Review Board under provisions of Workers' Compensation Act.
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. Cited. 192 C. 104; Id.,
581. Cited. 200 C. 243.
Cited. 1 CA 591. Cited. 2 CA 1. Cited. 6 CA 588. Cited. 9 CA 131. Cited. 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. 15 CS 62. Aggrieved party analogous to Sec. 45-288. Id., 62. Cited. 17 CS 288. Court lacks jurisdiction to hear
appeal if basis of commissioner's jurisdiction is not found in this 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 hereunder 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 fifteen 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. Cited. 39 CS 520. Cited. 44 CS 285.