State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Taubl v. Harry Damberg, Inc.

CASE NO. 2165 CRB 7-94-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 11, 1995

CLAYTON TAUBL

CLAIMANT-APPELLANT

v.

HARRY DAMBERG, INC.

EMPLOYER

INTERNATIONAL INSURANCE CO.

INSURER

RESPONDENTS-APPELLEES

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant did not appear at oral argument.

The respondents were represented by John J. Quinn, Esq., Furniss & Quinn, 248 Hudson St., Hartford, CT 06106, who did not appear at oral argument.

The Second Injury Fund was represented by Carolyn Signorelli, Esq., Assistant Attorney General, 55 Elm Street, P. O. Box 120, Hartford, CT 06141-0120, who did not appear at oral argument.

This Petition for Review from the September 22, 1994 Finding and Award of the Commissioner acting for the Seventh District was heard September 22, 1995 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Roberta Smith Tracy and Amado J. Vargas.

OPINION

JESSE M. FRANKL, CHAIRMAN. The claimant has filed a timely petition for review from the Seventh District Commissioner’s September 22, 1994 Finding and Award of Compensation. However, the claimant has failed to file his reasons for appeal or a brief, and the claimant failed to appear at oral argument before this board.

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, 12 Conn. Workers’ Comp. Rev. Op. 241, 1697 CRB-2-93-4 (March 28, 1994); Divita v. Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (Jan. 26, 1994); Hargatai v. Copy Data, Inc., 11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (June 2, 1993); Jones v. Middletown Mfg., 11 Conn. Workers’ Comp. Rev. Op. 56, 57, 1296 CRD-8-91-9 (April 5, 1993).

The claimant’s appeal is dismissed.

Commissioners Roberta Smith Tracy and Amado J. Vargas concur.

Workers’ Compensation Commission

Page last revised: January 21, 2005

Page URL: http://wcc.state.ct.us/crb/1995/2165crb.htm

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