plaintiffs constitutional challenge in Connecticut

2007Because these prerequi *660 sites have been satisfied in the present case, we consider the merits of the plaintiffs constitutional challenge in this appeal. 6 The plaintiff appealed from the board’s decision to the Appellate Court pursuant to General Statutes § 31-301b, and we thereafter transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1. 7 The terms “incapacity benefits” and “disability benefits” are used interchangeably to refer to wage compensation benefits. 8 We note that the plaintiff challenges the application of the “plain meaning” ru

2007Because these prerequi *660 sites have been satisfied in the present case, we consider the merits of the plaintiffs constitutional challenge in this appeal. 6 The plaintiff appealed from the board’s decision to the Appellate Court pursuant to General Statutes § 31-301b, and we thereafter transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1. 7 The terms “incapacity benefits” and “disability benefits” are used interchangeably to refer to wage compensation benefits. 8 We note that the plaintiff challenges the application of the “plain meaning” ru

2006Genovese v. Gallo Wine Merchants, Inc., 226 Conn. 475 , 628 A.2d 946 (1993); see also Bigio v. Montagna, Superior Court, judicial district of New Haven, Docket No. 442522 (October 2, 2003) (holding that § 31-5lbb saved constitutional claim, but not common-law claims, from dismissal under exhaustion doctrine).

2006Genovese v. Gallo Wine Merchants, Inc., 226 Conn. 475 , 628 A.2d 946 (1993); see also Bigio v. Montagna, Superior Court, judicial district of New Haven, Docket No. 442522 (October 2, 2003) (holding that § 31-5lbb saved constitutional claim, but not common-law claims, from dismissal under exhaustion doctrine).

2004The political question doctrine itself is based on the principle of separation of powers; Board of Education v. Naugatuck, 257 Conn. 409, 424 , 778 A.2d 862 (2001); as well as the notion that the judiciary should not involve itself in matters that have been committed to the executive and legislative branches of government.

2004The political question doctrine itself is based on the principle of separation of powers; Board of Education v. Naugatuck, 257 Conn. 409, 424 , 778 A.2d 862 (2001); as well as the notion that the judiciary should not involve itself in matters that have been committed to the executive and legislative branches of government.

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003Prior to oral argument before this court, we raised the issue sua sponte regarding our jurisdiction over the plaintiffs constitutional claim and asked the parties to be prepared to discuss it in light of statements this court had made in Giaimo v. New Haven, 257 Conn. 481 ,490-92 n.8, 778 A.2d 33 (2001).

2003Prior to oral argument before this court, we raised the issue sua sponte regarding our jurisdiction over the plaintiffs constitutional claim and asked the parties to be prepared to discuss it in light of statements this court had made in Giaimo v. New Haven, 257 Conn. 481 ,490-92 n.8, 778 A.2d 33 (2001).

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003Cf. Foti v. Richardson, 30 Conn. App. 463, 469 , 620 A.2d 840 (1993) (disparate treatment of plaintiff with autism predicated on absence of mental retardation as basis for ineligibility for services by department of mental retardation; rational basis, rather than strict scrutiny, applied). 2 The plaintiff contends that the offset under § 31-307 (e) fails to satisfy even rational basis review.

2003Cf. Foti v. Richardson, 30 Conn. App. 463, 469 , 620 A.2d 840 (1993) (disparate treatment of plaintiff with autism predicated on absence of mental retardation as basis for ineligibility for services by department of mental retardation; rational basis, rather than strict scrutiny, applied). 2 The plaintiff contends that the offset under § 31-307 (e) fails to satisfy even rational basis review.

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

2003An appellant, like the plaintiff here, still must, however, satisfy other prerequisites to jurisdiction, such as the final judgment rale; Cantoni v. Xerox Corp., 251 Conn. 153, 160 , 740 A.2d 796 (1999); standing; Connecticut Business & Industries Assn., Inc. v. Commission on Hospitals & Health Care, 214 Conn. 726,729-30 , 573 A.2d 736 (1990); exhaustion of administrative remedies; Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563 , 630 A.2d 1304 (1993); and ripeness. 13 Waterbury v. Washington, 260 Conn. 506, 543 , 800 A.2d 1102 (2002); cf. Sasso v. RAM Property Management, 431 So. 2d 204

1999“Since we are not aware of any legal barrier to the presentation of the plaintiffs claim to the commissioner or to his favorable action upon it, we cannot assume that recourse to that procedure would necessarily have been futile or inadequate.” (Citations omitted.) We conclude that the trial court properly relied on Sullivan v. State, supra, 189 Conn. 550 , and, accordingly, we decline to review the plaintiffs constitutional claim for failure to exhaust administrative remedies.

1998In Hurtado v. Hurtado, 14 Conn. App. 296, 299-300 , 541 A.2d 873 (1988), we held that we may consider unpreserved constitutional claims in a civil case pursuant to the principles of State v. Evans, 165 Conn. 61, 70 , 327 A.2d 576 (1973), and State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 4 Here, the record is adequate for our review, and the fact that the notice that triggered the right to appeal was received beyond the appeal period unquestionably presents a claim of constitutional dimension.

1998In Hurtado v. Hurtado, 14 Conn. App. 296, 299-300 , 541 A.2d 873 (1988), we held that we may consider unpreserved constitutional claims in a civil case pursuant to the principles of State v. Evans, 165 Conn. 61, 70 , 327 A.2d 576 (1973), and State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 4 Here, the record is adequate for our review, and the fact that the notice that triggered the right to appeal was received beyond the appeal period unquestionably presents a claim of constitutional dimension.

1998In Hurtado v. Hurtado, 14 Conn. App. 296, 299-300 , 541 A.2d 873 (1988), we held that we may consider unpreserved constitutional claims in a civil case pursuant to the principles of State v. Evans, 165 Conn. 61, 70 , 327 A.2d 576 (1973), and State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 4 Here, the record is adequate for our review, and the fact that the notice that triggered the right to appeal was received beyond the appeal period unquestionably presents a claim of constitutional dimension.

1998In Hurtado v. Hurtado, 14 Conn. App. 296, 299-300 , 541 A.2d 873 (1988), we held that we may consider unpreserved constitutional claims in a civil case pursuant to the principles of State v. Evans, 165 Conn. 61, 70 , 327 A.2d 576 (1973), and State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 4 Here, the record is adequate for our review, and the fact that the notice that triggered the right to appeal was received beyond the appeal period unquestionably presents a claim of constitutional dimension.

1998In Hurtado v. Hurtado, 14 Conn. App. 296, 299-300 , 541 A.2d 873 (1988), we held that we may consider unpreserved constitutional claims in a civil case pursuant to the principles of State v. Evans, 165 Conn. 61, 70 , 327 A.2d 576 (1973), and State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 4 Here, the record is adequate for our review, and the fact that the notice that triggered the right to appeal was received beyond the appeal period unquestionably presents a claim of constitutional dimension.

1998In Hurtado v. Hurtado, 14 Conn. App. 296, 299-300 , 541 A.2d 873 (1988), we held that we may consider unpreserved constitutional claims in a civil case pursuant to the principles of State v. Evans, 165 Conn. 61, 70 , 327 A.2d 576 (1973), and State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 4 Here, the record is adequate for our review, and the fact that the notice that triggered the right to appeal was received beyond the appeal period unquestionably presents a claim of constitutional dimension.

1996Whether to overrule a prior Supreme Court decision on grounds not raised in the argument of that case is a matter appropriately reserved for the Supreme Court.” Lash v. Aetna Casualty & Surety Co., 36 Conn. App. 623, 625 , 652 A.2d 526 (1995).

1996Whether to overrule a prior Supreme Court decision on grounds not raised in the argument of that case is a matter appropriately reserved for the Supreme Court.” Lash v. Aetna Casualty & Surety Co., 36 Conn. App. 623, 625 , 652 A.2d 526 (1995).