Esquillin v. Pinto Lavado Enterprises

CASE NO. 1914 CRB-2-93-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 1, 1995

HECTOR ESQUILLIN

CLAIMANT-APPELLANT

v.

PINTO LAVADO ENTERPRISES

EMPLOYER

and

CNA INSURANCE COMPANIES

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Gerard Rucci, Esq., and Thomas Albin, Esq., Embry and Neusner, P. O. Box 1409, 118 Poquonnock Road, Groton, CT 06340.

The respondents were represented by Cori-Lynn S. Webber, Esq., Law Offices of Grant H. Miller, Jr., 29 South Main Street, Suite 310 N, West Hartford, CT 06107-2445.

This Petition for Review from the November 24, 1993 Finding and Dismissal of the Commissioner acting for the Second 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 claimant timely petitioned for review from the Second District Commissioner’s November 24, 1993 Finding and Dismissal. To date, the claimant has failed to file his reasons for appeal, a brief, or a motion to correct.

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). We dismissed the claimant’s appeal in a ruling announced from the bench by this panel at oral argument on December 2, 1994.

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