Pothier v. Stanley-Bostitch/The Bostitch Company

CASE NO. 1850 CRB-3-93-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 15, 1994

STEPHEN POTHIER

CLAIMANT-APPELLEE

v.

STANLEY-BOSTITCH/THE BOSTITCH COMPANY

EMPLOYER

and

CIGNA PROPERTY & CASUALTY COMPANY

INSURER

RESPONDENTS-APPELLANTS

and

AETNA INSURANCE COMPANY

INSURER

RESPONDENTS-APPELLEES

ORDER OF DISMISSAL

The respondents, Stanley-Bostitch and Insurance Company of North America (CIGNA) petitioned for review from the September 13, 1993 Finding and Award of the commissioner acting for the Third District. The respondents-appellants filed a Motion to Vacate Finding and Award. Pursuant to that Motion to Vacate, the commissioner acting for the Third District rendered his March 30, 1994 Finding of Reopening and Vacating of Finding and Award which vacated his September 13, 1993 Finding and Award.

The respondents’ appeal is now moot as there is no underlying action from which the appeal was taken. Therefore, the respondents’ appeal is dismissed. See e.g., Ward v. UTC/Pratt & Whitney Aircraft, 11 Conn. Workers’ Comp. Rev. Op. 110, 1735 CRB-1-93-5 (1993).

Jesse Frankl, Chairman

Compensation Review Board

Worker Compensation Commission