Nichols v. United Technologies Corp./Sikorsky Aircraft

CASE NO. 2239 CRB 4-94-12

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 21, 1996

GREGORY NICHOLS

CLAIMANT-APPELLEE

v.

UNITED TECHNOLOGIES CORP./SIKORSKY AIRCRAFT

EMPLOYER

and

CIGNA PROPERTY & CASUALTY INC.

INSURER

RESPONDENTS-APPELLEES

and

SECOND INJURY FUND

RESPONDENT-APPELLANT

APPEARANCES:

The claimant was represented by Steven Cousins, Esq., Cousins & Johnson, 2563 Main St., Stratford, CT 06497, who did not appear at oral argument.

The respondents were represented at the trial level by Margaret Corrigan, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Blvd., Glastonbury, CT 06033-4412.

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

This Petition for Review from the December 12, 1994 Finding and Award of the Commissioner acting for the Fourth District was heard October 27, 1995 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Roberta Smith Tracy and Amado J. Vargas.

DISMISSAL

JESSE M. FRANKL, CHAIRMAN. The Second Injury Fund (“Fund”) has filed a petition for review from the Fourth District Commissioner’s December 12, 1994 Finding and Award. The Fund has failed to file a motion to correct or a brief. In addition, the Fund has failed to appear at oral argument before this Board.

The appeal was not actively pursued. Therefore, we we will dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4055. See Pearston v. Carrier Corporation, Case No. 3167 CRB-8-95-9 (decided April 19, 1996); Grey v. Greenwood Health Care Center, 13 Conn. Workers’ Comp. Rev. Op. 273, 1854 CRB-1-93-9 (April 19, 1995) (Fund’s appeal dismissed due to failure to file timely reasons of appeal); Divita v. Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (Jan. 26, 1994) (Fund’s appeal dismissed for failure to prosecute appeal with proper diligence).

The appeal is dismissed.

Commissioners Roberta Smith Tracy and Amado J. Vargas concur.