Russell v. Duchess Footwear

DUFRESNE, Active Retired Justice,

concurring.

I agree that the instant appeal must be dismissed. The appellant-employee’s petition for review of the decision of the Appellate Division of the Workers’ Compensation Commission (the Division) in this case was improvidently granted by this Court pursuant to 39 M.R.S.A. § 103-C(3).

The petition for award of compensation was initially denied by a single commissioner of the Workers’ Compensation Commission (the Commission) on March 31, 1983. The decision, however, so it is claimed, did not come to the attention of the employee’s *258attorney until late May,…