McKenna v. Thorne & Cleaves, Inc.

CASE NO. 3557 CRB-07-97-03

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 4, 1998

THOMAS MCKENNA

CLAIMANT-APPELLEE

v.

THORNE & CLEAVES, INC.

EMPLOYER

NO RECORD OF INSURANCE

RESPONDENT-APPELLEE

and

SECOND INJURY FUND

RESPONDENT-APPELLANT

DISMISSAL

Ordinarily, pursuant to the Supreme Court’s November 5, 1997 decision in Coleyv. Camden Associates, Inc., 243 Conn. 311 (1997) the Second Injury Fund’s appeal from the Commissioner acting for the Seventh District’s March 5, 1997 Ruling on Claimant’s Motion For Payments Pending Appeal would be granted. However, it appears that the underlying appeal in this matter which gave rise to the commissioner’s order directing the Second Injury Fund to pay benefits pursuant to the appeal as provided in Sec. 31-301(f) was resolved in the July 29, 1997 decision of the Compensation Review Board. (See, McKenna v. Thorne & Cleaves, Inc., 3365 CRB-7-96-6 (July 29, 1997)) Thus, it appears that the Second Injury Fund’s appeal in this matter is now moot.

Jesse M. Frankl, Chairman

Compensation Review Board

Workers’ Compensation Commission