Kaczynski v. FCD Corporation/Mark IV

CASE NO. 1954 CRB-3-94-1

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 25, 1995

JOHN KACZYNSKI

CLAIMANT-APPELLANT

v.

FCD CORPORATION/MARK IV

EMPLOYER

and

AMERICAN INTERNATIONAL ADJ. CO.

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Thomas T. Lonardo, Esq., 999 Research Parkway, P. O. Box 763, Meriden, CT 06450, who did not appear at oral argument.

The respondents were represented by William Bilcheck, Esq., and James M. Hughes, Esq., McNamara & Kenney, P. O. Box 8187, Brewster Station, Bridgeport, CT 06605, who did not appear at oral argument.

This Petition for Review from the January 12, 1994 Finding and Denial of C.G.S. 31-308A Benefits of the Commissioner acting for the Third District, was heard December 16, 1994 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Angelo L. dos Santos and Nancy A. Brouillet.

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN. The claimant timely petitioned for review from the Third District Commissioner’s January 12, 1994 Finding and Denial. To date, the claimant has failed to file his reasons for appeal, a brief, or a motion to correct. Moreover, the claimant did not appear at oral argument before this Board on December 16, 1994.

As the claimant has neglected to actively pursue his appeal, we must dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4055. See Perkins v. Rudy Fogg & Son, 1697 CRB-2-93-4 (decided March 28, 1994); Divita v. Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (1994); Hargatai v. Copy Data, Inc., 11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (1993); Jones v. Middletown Mfg., 11 Conn. Workers’ Comp. Rev. Op. 56, 57, 1296 CRD-8-91-9 (1993).

Commissioners Angelo L. dos Santos and Nancy A. Brouillet concur.