Kudlacz v. Lindberg Heat Treating Co.

I respectfully disagree with the majority’s conclusion that dismissal is required here because of our prior holdings with respect to when the ten day appeal period set forth in General Statutes § 31-3011 begins to run. Basic principles of due process compel a reversal of the board’s decision because the board found as a fact that the plaintiff did not receive notice of the commissioner’s decision until after the ten day appeal period had expired.2 The majority makes no mention of this critical finding that distinguishes the present case from those on which the majority relies.

I first address…