Medina v. New England Wrecker Service

CASE NO. 1696 CRB-2-93-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JULY 5, 1994

ANTONIO MEDINA

CLAIMANT-APPELLANT

v.

NEW ENGLAND WRECKER SERVICE

EMPLOYER

and

COMMERCIAL UNION INSURANCE COMPANY

INSURER

RESPONDENTS-APPELLEES

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by A. A. Washton, Esq., Washton, Segal and Rotella, 190 Broad Street, New London, CT 06320, who neither submitted a brief nor appeared at oral argument.

The respondent was represented by Matthias J. DeAngelo, Esq., Cooney, Scully & Dowling, Ten Columbus Boulevard, Hartford, CT 06106.

The Second Injury Fund was represented by Nancy R. Sussman, Esq., Assistant Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120, who neither submitted a brief nor appeared at oral argument.

This Petition for Review from the April 8, 1993 Finding and Award of the Commissioner for the Second District was heard April 29, 1994 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl, and Commissioners Angelo L. dos Santos and Nancy A. Brouillet.

OPINION

JESSE FRANKL, CHAIRMAN. The claimant timely petitioned for review from the Second District Commissioner’s April 8, 1993 Finding and Award of Compensation. He failed to file his Reasons of Appeal. On December 23, 1993, the respondents moved to dismiss the appeal, contending that the claimant had failed to prosecute the appeal with due diligence.

This appeal was calendared to be heard by the Board on April 29, 1994, on the issue of whether it should be dismissed for failure to prosecute pursuant to Practice Book Sec. 4055. No brief was filed by the claimant, and the claimant failed to appear at oral argument.

As the claimant has not filed Reasons of Appeal, appeared or submitted a brief, we must dismiss this appeal for failure to prosecute with due diligence. See Perkins v. Rudy Fogg & Sons, 1697 CRB-2-93-4 (decided March 28, 1994); Sinkoski v. Continental Auto, 11 Conn, Workers’ Comp. Rev. Op. 243, 1398 CRB-8-92-3 (1993).

Commissioners Angelo L. dos Santos and Nancy A. Brouillet concur.