O’Connor v. United Parcel Service

CASE NO. 3124 CRB 4-95-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 18, 1996

KEVIN O’CONNOR

CLAIMANT-APPELLANT

v.

UNITED PARCEL SERVICE

EMPLOYER

and

LIBERTY MUTUAL INSURANCE CO.

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Karen E. Souza, Esq., Law Office of Alan Silver, 275 Orange St., New Haven, CT 06510, who did not appear at oral argument.

The employer was represented by Scott Wilson Williams, Esq., Maher & Williams, 1300 Post Rd., P.O. Box 550, Fairfield, CT 06430.

This Petition for Review from the July 10, 1995 Finding and Dismissal of the Commissioner acting for the Fourth District was heard April 19, 1996 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners George Waldron and Robin L. Wilson.

DISMISSAL

JESSE M. FRANKL, CHAIRMAN. The claimant has filed a petition for review from the Fourth District Commissioner’s July 10, 1995 Finding and Award. The claimant has failed to file reasons of appeal, a motion to correct, or a brief. In addition, the claimant did not appear at oral argument before this board.

As the claimant has neglected to actively pursue his appeal, we dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4184A. 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 claimant’s appeal is dismissed.

Commissioners George Waldron and Robin L. Wilson concur.