Bell v. Bridgeport Hospital

CASE NO. 3121 CRB-4-95-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 24, 1996

ANTHONY G. BELL

CLAIMANT-APPELLEE

v.

BRIDGEPORT HOSPITAL

EMPLOYER

RESPONDENT-APPELLANT

APPEARANCES:

The claimant was represented by George D’Amico, Esq. Miller, Rosnick & D’Amico, P.C., 815 Main Street, Suite 202 Bridgeport, CT 06604.

The respondent was represented by Francis Ficara, Esq., 800 Clinton Avenue, Bridgeport, CT 06604, who did not appear at oral argument.

This Petition For Review from the July 11, 1995 Finding and Award of the Commissioner acting for the Fourth District was heard January 12, 1996 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Angelo L. dos Santos and Robin L. Wilson.

OPINION

JESSE M. FRANKL, CHAIRMAN. The respondent petitioned for review from the Commissioner acting for the Fourth District’s July 11, 1995 Finding and Award in which the trial commissioner granted the claimant’s Motion to Preclude filed pursuant to §31-294(c). In addition to the respondent’s Petition For Review, the respondent filed a Motion to Reopen for the Purpose of Submitting Additional Evidence. That motion was directed to the trial commissioner and was denied.

Thereafter, the instant matter was scheduled for oral argument on January 12, 1996. With the notice as to the schedule of oral argument, the respondent-appellant was provided with the date by which the appellant should file its brief. In accordance with that schedule, the respondent-appellant was to file its brief by December 11, 1995. Thereafter, claimant’s counsel filed a Motion To Dismiss on the basis that the respondent failed to file its brief on a timely basis. That Motion was filed December 11, 1995.

Oral argument was scheduled for and held January 12, 1996. The respondent did not file a brief and did not appear at oral argument. We therefore dismiss the instant appeal in accordance with Practice Book §4056. See Lennon v. Genest Subaru Motors, 13 Conn. Workers’ Comp. Rev. Op. 63, 1589 CRB-5-92-12 (December 24, 1994).

Commissioners Angelo L. dos Santos and Robin L. Wilson concur.