Hyatt v. Ames Department Stores, Inc.

CASE NO. 3533 CRB-06-97-02

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MAY 14, 1998

ROBERT HYATT

CLAIMANT-APPELLANT

v.

AMES DEPARTMENT STORES, INC.

EMPLOYER

and

GALLAGHER BASSETT SERVICES

INSURER

and

SECOND INJURY FUND

RESPONDENTS-APPELLEES

APPEARANCES:

At the trial level the claimant was represented by Harvey Levine, Esq., 754 West Main St., New Britain, CT 06053. Claimant filed the appeal on his own behalf and failed to appear at oral argument.

The employer and its insurer were represented by Jennifer Hock, Esq., Montstream & May, 655 Winding Brook Dr., P.O. Box 1087, Glastonbury, CT 06033-6087.

The Second Injury Fund was represented by Nancy Sussman, 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 February 7, 1997 Finding and Dismissal of the Commissioner acting for the Sixth District was heard September 19, 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

JESSE M. FRANKL, CHAIRMAN. The claimant has filed a timely petition for review from the February 7, 1997 Finding and Dismissal of the Commissioner acting for the Sixth District. The claimant has failed to file a motion to correct, reasons of appeal, or a brief and has failed to appear at oral argument before this board.

Accordingly, we dismiss the claimant’s appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4184A. See Thomas v. Cash Oil, 15 Conn. Workers’ Comp. Rev. Op. 410, 2272 CRB-3-95-1 (Aug. 28, 1996); 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).

The claimant’s appeal is dismissed.

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