CASE NO. 5298 CRB-8-07-11
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
OCTOBER 1, 2010
DAVID W. CLASPELL
STATE OF CONNECTICUT/DEPARTMENT OF CORRECTION
GAB ROBINS NORTH AMERICA, INC.
An appeal in the above named matter was filed November 28, 2007 from the trial commissioner’s Finding of November 15, 2007. A Motion to Stay was filed by Respondent-Appellant on June 3, 2008 and consented to by Claimant-Appellee pending the issuance of a final decision in the matter of Vannoy-Joseph v. State/Department of Mental Health and Addiction Services, 5164 CRB-8-06-11 (January 29, 2008). Said Motion was granted June 5, 2008. A final decision in Vannoy-Joseph was issued March 3, 2010. See Vannoy-Joseph v. State/Department of Mental Health and Addiction Services, 5416 CRB-8-09-1 (March 3, 2010).
On July 26, 2010, subsequent to this matter being scheduled for oral argument, Respondent-Appellant with the consent of Claimant-Appellee filed a request that the appeal be held in abeyance as the issue on appeal was not pressing at the present time. The board’s response indicated that a significant period of time had passed since the appeal was filed from the trial commissioner’s Finding that multiple disc surgery was reasonable and necessary. Further proceedings at the trial level would need to be held when and if surgery was proposed.
The board also indicated the appeal would be dismissed as moot unless the parties objected by August 30, 2010. Having received no objection, Respondent-Appellant’s appeal is hereby dismissed as moot.
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission