Garrison v. James and Lyn Brown

CASE NO. 1706 CRB-2-93-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 17, 1994

RICHARD GARRISON

CLAIMANT-APPELLANT

v.

JAMES AND LYN BROWN

EMPLOYER

NO RECORD OF INSURANCE

RESPONDENTS-APPELLEES

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Nicholas T. Kocian, Esq., 442 Farmington Avenue, Hartford, CT 06105, and Robert Montstream, Esq., Montstream & May, 655 Winding Brook Drive, P.O. Box 1087, Glastonbury, CT 06033-6087; neither of whom appeared at oral argument or filed a brief.

The respondents James and Lyn Brown were represented by Stephen G. Kristofak, Jr., Esq., 415 Silas Deane Highway, Wethersfield, CT 06109 who did not file a brief but appeared at oral argument, and Edward D. O'Brien, Esq., 38 Woodland Street, Hartford, CT 06105.

The Second Injury Fund was represented by Michael Belzer, Esq., Ernie Walker, Esq., and Philip Schulz, Esq., Assistant Attorneys General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120.

This Petition for Review from the April 16, 1993, Finding and Dismissal of the Commissioner for the Second District was heard March 11, 1994 before a Compensation Review Board panel consisting of Commissioners George A. Waldron, Nancy A. Brouillet and Michael S. Miles.

OPINION

GEORGE A. WALDRON, COMMISSIONER. The claimant has petitioned for review from the April 16, 1993 Finding and Dismissal of the Second District Commissioner. The only document submitted by the claimant in support of his appeal is a Petition for Review. Additionally, the claimant failed to appear at oral argument.

The matter is therefore dismissed pursuant to Practice Book Sec. 4055 as the appellant has failed to prosecute the appeal with proper diligence. Divita v. Thames Valley Steel, 1541 CRB 2-92-10 (decided January 26, 1994); Carter v. Travelers Insurance Company, 1599 CRB-1-92-12 (decided January 26, 1994).

Commissioners Nancy A. Brouillet and Michael S. Miles concur.