245 Conn. 437 | Conn. | 1998
Opinion
The sole issue in this case is whether the Appellate Court possesses jurisdiction to hear an appeal asserted by a law firm claiming it was aggrieved by a judgment in which the compensation review board (review board) of the workers’ compensation commission (commission) reduced the firm’s fee for services rendered. The Appellate Court concluded that it did not possess the authority to hear the appeal. We conclude, to the contrary, that the Appellate Court does have jurisdiction over the appeal from the review board, and remand this appeal to the Appellate Court for a hearing on the merits.
The material facts are not in dispute. In 1993, the plaintiff, James Day, retained the defendant law firm, Fumiss and Quinn, P.C. (defendant),
In a subsequent fee approval hearing pursuant to General Statutes § 31-327 (b),
In order to be deemed a party and maintain an appeal, a litigant must satisfy each of three criteria. The litigant must “(1) have a specific, personal and legal interest in the subject matter of the appeal ... (2) sustain that interest throughout the course of the appeal . . . and (3) be able to obtain some practical benefit or relief.” (Citations omitted.) Craig v. Maher, 174 Conn. 8, 9-10, 381 A.2d 531 (1977). In short, a party is a litigant with a “ ‘personal stake in the outcome of the controversy.’ ” Rose v. Freedom of Information Commission, 221 Conn. 217, 223, 602 A.2d 1019 (1992).
That the defendant satisfies each of the three Craig criteria verges upon truism. The sole issue before the review board was the amount of attorney’s fees to which the defendant and Bartlett were entitled. In other words, the defendant personally sought the fee that it purports to have earned for specific services rendered during a specific course of representation before the commission. Because this claim sounds in breach of contract, the defendant’s interest in the hearing before the review board was a legal one. Moreover, this interest was not
Furthermore, the defendant is clearly aggrieved. Aggrievement consists of two elements: “ ‘[FJirst, the party claiming aggrievement must successfully demonstrate a specific, personal and legal interest in the subject matter of the decision .... Second, the party . . . must successfully establish that this specific personal and legal interest has been specially and injuriously affected by the decision.’ ” Rose v. Freedom of Information Commission, supra, 221 Conn. 230.
The pertinent portion of the first element of aggrievement — “a specific, personal and legal interest” — recites verbatim the first prong of the Craig test. For the reasons previously discussed, the defendant possesses the requisite interest. As for the second element of aggrievement, it is apparent that the review board’s decision “specially and injuriously” affected the defendant’s interest by substantially reducing its fee. Accordingly, the defendant was aggrieved for proposes of § 31-301b.
It bears emphasis that the Appellate Court cited no authority in its order dismissing the appeal. In a prior order summoning the parties to appear for oral argument “to show cause why the appeal should not be dismissed for lack of jurisdiction,” the Appellate Court, however, cited Conte v. Conte, 45 Conn. App. 235, 695 A.2d 32 (1997). In Conte, the Appellate Court dismissed an appeal on the ground that the nonparty litigant could
The judgment of the Appellate Court is reversed and the case is remanded to that court with direction to reinstate the defendant’s appeal.
In this opinion the other justices concurred.
The named defendant, the city of Middletown, which was the plaintiffs employer, and the city’s insurer, the defendant Alexsis, Inc., are not parties to this appeal.
Pursuant to the settlement agreement reached with his former employer, the plaintiff received $100,000 for disability and disfigurement, $33,340.43 for outstanding medical bills, and coverage through his former employer’s group medical insurance plan for the duration of his life. Under the terms of this health plan, the plaintiffs former employer agreed to pay 80 percent of the plaintiffs annual medical bills, while the plaintiff remained liable for up to $1000 of the remaining sum.
General Statutes § 31-327 (b) provides in pertinent part: “All fees of attorneys . . . for services under this chapter shall be subject to the approval of the commissioner.”
The record does not disclose the allocation of fees between the plaintiffs two attorneys.
General Statutes § 31-280 (b) (11) provides in pertinent part: “The chairman of the Workers’ Compensation Commission shall . . . (C) Issue . . . and publish . . . guidelines for the maximum fees payable by a claimant for any legal services rendered by an attorney in connection with the provisions of this chapter, which fees shall be approved in accordance with the standards established by the chairman . . .
The record does not disclose the allocation of this reduction between the plaintiffs two attorneys.
Only the defendant Fumiss and Quinn, P.C., elected to appeal. For this reason, we refer herein to the defendant Fumiss and Quinn, P.C., as if it were the sole defendant in the proceedings below.
Section 31-301b provides the requisite statutory authorization for this administrative appeal. See Farricielli v. Personnel Appeal Board, 186 Conn. 198, 201, 440 A.2d 286 (1982); Nader v. Altermatt, 166 Conn. 43, 53, 347 A.2d 89 (1974).