Thomas v. Cash Oil

CASE NO. 2272 CRB 3-95-1

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

AUGUST 28, 1996

DAVID THOMAS

CLAIMANT-APPELLEE

v.

CASH OIL

EMPLOYER

NO RECORD OF INSURANCE

RESPONDENT-APPELLANT

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by George Romania, Esq., 3035 Whitney Ave., Hamden, CT 06518, who did not appear at oral argument.

The employer was represented by Monte A. Kroh, Esq., The Biller Law Firm, 154 State Street, North Haven, CT 06473.

The Second Injury Fund was represented by Matthew Biezer, Esq., Assistant Attorney General, 55 Elm St., P.O. Box 120, Hartford, CT 06141-0120.

This Petition for Review from the January 12, 1995 Supplemental Finding and Award of the Commissioner acting for the Third District was heard December 1, 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 employer has filed a petition for review from the Third District Commissioner’s January 12, 1995 Supplemental Finding and Award. The employer has failed to file reasons of appeal, a motion to correct, or a brief.

As the employer has neglected to actively pursue its appeal, pursuant to a bench ruling we dismissed the employer’s appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4055. See Divita v. Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (Jan. 26, 1994); Milardo v. Shuck Petroleum, 11 Conn. Workers’ Comp. Rev. Op. 279, 1559 CRB-8-92-11 (Nov. 22, 1993); Hargatai v. Copy Data, Inc., 11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (June 2, 1993).

The employer’s appeal is dismissed.

Commissioners Roberta Smith Tracy and Amado J. Vargas concur.