Lestage v. Yellow Freight Systems, Inc.

CASE NO. 3044 CRB 5-95-4

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 19, 1997

ROLAND LESTAGE

CLAIMANT-APPELLANT

v.

YELLOW FREIGHT SYSTEMS, INC.

EMPLOYER

and

PIONEER ADJUSTMENT SERVICE

INSURER

and

SECOND INJURY FUND

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Joshua Hawks-Ladds, Esq., Sorokin, Sorokin, Gross, Hyde & Williams, P.C., One Corporate Center, Hartford, CT 06103, who did not appear at oral argument.

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

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

This Petition for Review from the April 19, 1995 Finding and Award of the Commissioner acting for the Fifth District was heard November 22, 1996 before a Compensation Review Board panel consisting of Commissioners George Waldron, Amado J. Vargas, and Robin L. Wilson.

DISMISSAL

GEORGE WALDRON, COMMISSIONER. The claimant has filed a petition for review from the April 19, 1995 Finding and Award of the Commissioner acting for the Fifth District. The claimant has failed to file a brief, and 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 Amado J. Vargas and Robin L. Wilson concur.