Latulippe v. Derekseth Homes, Inc.

CASE NO. 1839 CRB-1-93-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 1, 1995

LEANDRE LATULIPPE

CLAIMANT-APPELLANT

v.

DEREKSETH HOMES, INC.

EMPLOYER

and

MARYLAND CASUALTY COMPANY

INSURER

RESPONDENTS-APPELLANTS

APPEARANCES:

The claimant did not appear at oral argument.

The respondents were represented by Jason Dodge, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Blvd., Glastonbury, CT 06033-4412.

This Petition for Review from the August 27, 1993 Finding and Dismissal of the Commissioner acting for the First District was heard September 30, 1994 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Angelo L. dos Santos and Michael S. Miles.

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN. The claimant timely petitioned for review from the First District Commissioner’s August 27, 1993 Finding and Dismissal. The September 30, 1994 Compensation Review Board Calendar issued on June 8, 1994, directed the appellants in cases scheduled for oral argument on September 30, 1994, to file briefs by July 25, 1994. The claimant failed to file a brief and did not appear at oral argument.

Our review of the file indicates that the claimant was represented at the trial by Attorney William P. Hunt III. Attorney Hunt filed a Statement of Reasons for Appeal and a Motion to Correct Findings on September 13, 1993. Subsequently, on March 28, 1994, Attorney Hunt filed a Motion of Disappearance of Counsel which was denied on April 8, 1994. By letter dated June 14, 1994, the law office where Attorney Hunt had practiced notified this Board that the claimant’s new attorney was James C. Mulholland.

As the claimant has neglected to actively pursue his appeal, we must dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4055. See Perkins v. Rudy Fogg & Son, 1697 CRB-2-93-4 (decided March 28, 1994); Divita v.Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (1994); Hargatai v. Copy Data, Inc., 11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (1993); Jones v. Middletown Mfg., 11 Conn. Workers’ Comp. Rev. Op. 56, 57, 1296 CRD-8-91-9 (1993).

Commissioners Angelo L. dos Santos and Michael S. Miles concur.