State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Sinkoski v. Continental Auto

CASE NO. 1398 CRB-8-92-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 9, 1993

MICHAEL SINKOSKI

CLAIMANT-APPELLANT

v.

CONTINENTAL AUTO

EMPLOYER

and

TRANSAMERICA INSURANCE COMPANY

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

Claimant filed an appeal on his own behalf. However, he did not submit a brief and did not appear at oral argument. Claimant, at the trial level, was represented by Robert Bletchman, Esq., 360 East Center Street, Manchester, CT 06040.

The respondents were represented by Brian E. Prindle, Esq., 627 Main Street, Manchester, CT 06040, who did not submit a brief but did appear at oral argument.

This Petition for Review from the March 17, 1992 Finding and Dismissal of the Commissioner for the Eighth District was heard January 22, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl, and Commissioners George Waldron and Donald H. Doyle, Jr.

OPINION

JESSE FRANKL, CHAIRMAN. The claimant timely petitioned for review from the Commissioner for the Eighth District’s March 17, 1992 Finding and Dismissal of his claim. He failed to file his Reasons of Appeal. On May 28, 1992, the respondents moved to dismiss the appeal based on the claimant’s failure to file his Reasons of Appeal in a timely fashion pursuant to Administrative Regulation Sec. 31-301-2.

This appeal was calendared to be heard by the Board on January 22, 1993, on the issue of whether it should be dismissed for failure to prosecute. No brief was filed by the claimant by November 23, 1992, as directed in the calendar. The claimant failed to appear at oral argument.

As the claimant has not filed Reasons of Appeal, appeared or submitted a brief, we must dismiss his appeal for failure to prosecute with due diligence. See Practice Book Sec. 4055; Jones v. Middletown Manufacturing, 11 Conn. Workers’ Comp. Rev. Op. 56, 1296 CRD-8-91-9 (1993); Smith v. City of New Haven, 10 Conn. Workers’ Comp. Rev. Op. 93, 1154 CRD-3-90-12 (1992); Lauriano v. Reliance Automotive, 9 Conn. Workers’ Comp. Rev. 96, 934 CRD-8-89-11 (1991).

Commissioners George Waldron and Donald H. Doyle, Jr. concur.

Workers’ Compensation Commission

Page last revised: March 22, 2016

Page URL: http://wcc.state.ct.us/crb/1993/1398crb.htm

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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