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Soto v. Casco Products Corp.

CASE NO. 4806 CRB-4-04-5

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 26, 2005

ALBERTO SOTO

CLAIMANT-APPELLANT

v.

CASCO PRODUCTS CORP.

SELF INSURED

EMPLOYER

RESPONDENT-APPELLEE

APPEARANCES:

The claimant appeared pro se.

The respondents were represented by Michael V. Vocalina, Esq., Cotter, Cotter & Quinn, LLC, 6515 Main Street, Second Floor, Suite 10, Trumbull, CT 06611.

This Petition for Review from the April 14, 2004 Finding and Dismissal of the Commissioner acting for the Fourth District was heard November 19, 2004 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners A. Thomas White, Jr. and Ernie R. Walker.

DISMISSAL OF APPEAL

JOHN A. MASTROPIETRO, CHAIRMAN. The claimant, Alberto Soto, has filed a timely appeal from the April 14, 2004 Finding and Dismissal of the Commissioner acting for the Fourth District. The claimant has failed to file a Motion to Correct, Reasons of Appeal, or a brief. Accordingly, we dismiss the claimant’s appeal for failure to prosecute pursuant to Practice Book § 85-1. See also, Pastor v. Torre Tile Distributors, Inc., 4634 CRB-8-03-2 (February 23, 2004); Rurak v. Sweet Life Inc., 4630 CRB-1-03-2 (February 6, 2004).

Even if we were to consider the merits of the claimant’s appeal, we would necessarily affirm the trial commissioner’s decision. At oral argument before the board, the claimant alleged the trial commissioner made certain factual errors in her findings. However, the claimant failed to file a Motion to Correct, therefore, pursuant to Admin. Reg. 31-301-4 the trier’s unchallenged findings must stand. Soto-Velez v. Michael’s Chrysler Plymouth, 4628 CRB-2-03-2 (February 3, 2004); Baribault v. Harben Flooring Co., Inc., 3579 CRB-7-97-3 (June 4, 1998). Furthermore, there are no visible errors in the trial commissioner’s decision. The findings are supported by evidence in the record. See, Bellman v. Christy’s Market, 4387 CRB-6-01-5 (March 25, 2002).

The claimant also contended that his attorney made certain errors in the presentation of evidence. On review we will not weigh the claimant’s dissatisfaction with his attorney’s performance as a relevant factor when reviewing the trial commissioner’s determinations. Perry v. Carewell Rest Home, 3713 CRB-3-97-10 (December 29, 1998) citing Maio v. L.G.Defelice, Inc., 13 Conn. Workers’ Comp. Rev. Op. 197, 1734 CRB-5-93-5 (March 22, 1995).

The claimant’s appeal is dismissed.

Commissioners A. Thomas White, Jr. and Ernie R. Walker concur.

Workers’ Compensation Commission

Page last revised: May 3, 2005

Page URL: http://wcc.state.ct.us/crb/2005/4806crb.htm

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