Carter v. Travelers Insurance Company

CASE NO. 1599 CRB-1-92-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 26, 1994

DOROTHY CARTER

CLAIMANT-APPELLANT

v.

TRAVELERS INSURANCE COMPANY

EMPLOYER

and

TRAVELERS INSURANCE

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Mark R. Leder, Esq., and Michael Melly, Esq., both of the Law Offices of Arnold L. Beizer, 429 Capitol Avenue, Hartford, CT 06106.

The respondents were represented on appeal by Stephen Ekern, Esq., and Douglas Drayton, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033 and at the trial level by Peter Mozzicato, Claims Adjuster, P.O. Box 5008, Hartford, CT 06102.

This Petition for Review from the December 4, 1992 Finding and Dismissal of the Commissioner acting for the First District was heard December 2, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George A. Waldron and Donald H. Doyle, Jr.

OPINION

JESSE FRANKL, CHAIRMAN. The claimant petitioned for review from the December 4, 1992 Finding and Dismissal of the commissioner acting for the First District. No Reasons of Appeal were filed nor did the claimant file a Motion to Correct. The matter was scheduled to be heard at oral argument on December 2, 1993. The December 2, 1993 calendar for oral argument dated September 7, 1993 sent to the claimant indicated that appellants were to file briefs by October 12, 1993. The appellant’s brief in the instant matter was not filed until November 22, 1993.

For all of the reasons provided above we conclude that the claimant’s appeal should be dismissed pursuant to Practice Book Sec. 4055 as the appellant has failed to prosecute the appeal with proper diligence. See also, Hargatai v. Copy Data, Inc., 11 Conn. Workers’ Comp. Rev. Op. 106, 1475 CRB-4-92-7 (1993); Smith v. City of New Haven, 10 Conn. Workers’ Comp. Rev. Op. 93, 1154 CRD-3-90-12 (1992).

We do note, however, claimant’s counsel forwarded a letter1 after oral argument in which he requested that the instant matter be reconsidered. We deny that request.

We therefore dismiss the claimant’s appeal.

Commissioners George A. Waldron and Donald H. Doyle, Jr. concur.

1 The letter from Atty. Beizer dated December 9, 1993 was received in the Chairman’s office December 13, 1993. BACK TO TEXT