Ward v. UTC/Pratt & Whitney Aircraft

CASE NO. 1735 CRB-1-93-5

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 4, 1993

ALVIN WARD

CLAIMANT-APPELLEE

v.

UTC/PRATT & WHITNEY AIRCRAFT

EMPLOYER

and

CIGNA PROPERTY & CASUALTY CO.

INSURER

RESPONDENTS-APPELLANTS

and

SECOND INJURY FUND

RESPONDENT-APPELLEEE

ORDER OF DISMISSAL

Respondents, UTC/Pratt & Whitney Aircraft petitioned for review from the May 11, 1993 Amended Finding and Award of the Compensation Commissioner acting for the First District. Respondents-Appellants then filed a Motion to Vacate dated May 17, 1993 which was granted by the trial commissioner May 24, 1993. As respondents-appellants Motion to Vacate the May 11, 1993 Amended Finding and Award was granted the instant appeal is moot as there exists no underlying action from which an appeal may be taken.

The appeal is therefore dismissed and any outstanding motions pertaining to said appeal which may exist are similarly dismissed. See e.g., Russo v. Stamm Construction Co., Inc., 1167 CRD-6-91 (decided January 29, 1991; Matey v. Estate of Sarah Dember, 1189 CRD-5-91-3 (decided April 5, 1991).

Jesse Frankl, Chairman

Compensation Review Board

Workers’ Compensation Commission