Discuillo v. Stone & Webster

CASE NO. 1366 CRD-2-91-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 4, 1994

PETER DISCUILLO

CLAIMANT-APPELLEE

v.

STONE & WEBSTER

EMPLOYER

and

AETNA CASUALTY & SURETY

INSURER

RESPONDENTS-APPELLANTS

and

SECOND INJURY FUND

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Carolyn Kelly, Esq. and Mark Oberlatz, Esq., O’Brien, Shafner, Stuart, Kelly and Morris, P.C., P.O. Drawer 929, Groton, CT 06360.

The respondents, Stone & Webster and Aetna Casualty & Surety were represented by James Pomeranz, Esq., Lucas Strunk, Esq., Jason Dodge, Esq., Richard Aiken, Jr., Esq. and Margaret Corrigan, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033-4412.

The Second Injury Fund was represented by William McCullough, Esq., Philip Schulz, Esq. and Richard Hine, Esq., Assistant Attorneys General, 55 Elm Street, P.O. Box 120, Hartford, CT 06101-0120.

DISMISSAL ORDER

The Trial commissioner withdrew his December 23, 1991 Finding and Award of Compensation in his December 13, 1993 Finding and Award of Compensation in the above named appeal. Therefore, the issues the respondents', Stone & Webster and Aetna Casualty & Surety’s December 31, 1991 appeal are based upon are now moot.

The appeal from the December 23, 1991 Finding and Award of Compensation is therefore dismissed. However, the respondents have filed an appeal from the December 13, 1993 Finding and Award which is currently pending before this tribunal.

By the Compensation Review Board

Jesse Frankl, Chairman

Compensation Review Board

Worker Compensation Commission