Hutchings v. Bob’s Discount Furniture, Inc.

CASE NO. 3372 CRB-5-96-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 4, 1997

EARL HUTCHINGS

CLAIMANT-APPELLANT

v.

BOB’S DISCOUNT FURNITURE, INC.

EMPLOYER

and

WAUSAU UNDERWRITERS INSURANCE

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was not represented at oral argument. Notice sent to John C. Kucej, Esq., 95 North Main St., Waterbury, CT 06702.

The respondents were represented by David Chapman, Esq., Law Office of Larry Lewis, 639 Research Pkwy., Meriden, CT 06450.

This Petition for Review from the July 3, 1996 Finding and Dismissal of the Commissioner acting for the Fifth District was heard March 14, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN. The claimant has petitioned for review from the July 3, 1996 Finding and Dismissal of the Commissioner acting for the Fifth District. Neither he nor his counsel appeared at oral argument, and no brief was filed on the claimant’s behalf. We also have not received a Motion to Correct from the appellant. In fact, no documents have been filed in support of this appeal since the petition for review and Reasons of Appeal were filed on July 8, 1996.

As the claimant has neglected to actively pursue his appeal, we must dismiss his petition for review for failure to prosecute with proper diligence pursuant to Practice Book § 4184A. See Burke v. Abacus Transfer & Storage, 13 Conn. Workers’ Comp. Rev. Op. 19, 20, 1782 CRB-3-93-7 (Nov. 3, 1994); O’Connor v. United Parcel Service, 3124 CRB-4-95-7 (decided Dec. 18, 1996).

Commissioners James J. Metro and John A. Mastropietro concur.