Green v. Labor Force of America, Inc.

CASE NO. 1908 CRB-3-93-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 1, 1995

RICHARD GREEN, JR.

CLAIMANT-APPELLEE

v.

LABOR FORCE OF AMERICA, INC.

EMPLOYER

NO RECORD OF INSURANCE

and

SECOND INJURY FUND

RESPONDENTS-APPELLANTS

APPEARANCES:

The claimant was represented at the trial level by Susan Casey, Esq., 770 Orange Street, New Haven, CT 06511, who did not appear at oral argument.

The respondent employer was represented by Michael Parizo, Esq., Law Offices of Kevin Ahern, 202 Cherry Street, Milford, CT 06460.

The Second Injury Fund was represented by Richard Hine, Esq., Assistant Attorney General, 55 Elm St., P. O. Box 120, Hartford, CT 06141-0120, who did not appear at oral argument.

This Petition for Review from the November 1, 1993 Finding of Dismissal and Finding of Civil Penalty of the Commissioner acting for the Third District was heard December 2, 1994 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Angelo L. dos Santos and Nancy A. Brouillet.

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN. The respondent employer timely petitioned for review from the Third District Commissioner’s November 1, 1993 Finding of Dismissal and Finding of Civil Penalty. The December 2, 1994 Compensation Review Board Calendar issued August 19, 1994, directed the appellants in cases scheduled for oral argument on December 2, 1994, to file briefs by October 4, 1994. The employer failed to file a timely brief on or before October 4, 1994, and failed to request an extension of time in which to file a brief. The employer has not presented any valid reason for its failure to file a timely brief.

As the employer has neglected to actively pursue its 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 Nancy A. Brouillet concur.