Duchesneau v. Cornucopia Natural Foods

CASE NO. 1993 CRB-2-94-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 25, 1995

RAYMOND DUCHESNEAU

CLAIMANT-APPELLEE

v.

CORNUCOPIA NATURAL FOODS

EMPLOYER

and

NATIONWIDE MUTUAL INSURANCE CO.

INSURER

RESPONDENTS-APPELLANTS

APPEARANCES:

The claimant was represented by James N. Scheibeler, Esq., P.O. Box 711, 23 Academy Street, Danielson, CT 06239.

The respondents were represented by James F. Powers, Esq., Law Offices of Larry Lewis, 639 Research Parkway, Meriden, CT 06450, who did not appear at oral argument.

This Petition for Review from the March 10, 1994 Finding and Award of the Commissioner acting for the Second District, was heard December 16, 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 respondents timely petitioned for review from the Second District Commissioner’s March 10, 1994 Finding and Award. To date, the respondents have failed to file their reasons for appeal, a brief, or a motion to correct. Moreover, the respondents did not appear at oral argument before this Board on December 16, 1994.

As the respondents have neglected to actively pursue their 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 respondents’ appeal in a ruling announced from the bench by this panel at oral argument on December 16, 1994.

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