Stabile v. Bridgeport Hospital

CASE NO. 3642 CRB-04-97-07

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 9, 1998

TONI STABILE

CLAIMANT-APPELLEE

v.

BRIDGEPORT HOSPITAL

EMPLOYER

SELF-INSURED

RESPONDENT-APPELLANT

and

RISK MANAGEMENT GROUP

CLAIMS ADMINISTRATOR

APPEARANCES:

The claimant was represented by Kathy Boufford, Esq., Williams & Bellenot, 501 Main St., Monroe, CT 06468.

The employer was represented by Francis J. Ficarra, Esq., 1375 Kings Highway East, Suite 425, Fairfield, CT 06430, who did not appear at oral argument.

This Petition for Review from the July 9, 1997 Finding and Award of the Commissioner acting for the Fourth District was heard February 20, 1998 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Donald H. Doyle and Michael S. Miles.

DISMISSAL

JESSE M. FRANKL, CHAIRMAN. The respondents have filed a timely petition for review from the July 9, 1997 Finding and Award of the Commissioner acting for the Fourth District. The respondents have failed to file a motion to correct, reasons of appeal, or a brief and failed to appear at oral argument before this board.

Accordingly, we dismiss the respondents’ 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 respondents’ appeal is dismissed. To the extent that amounts due the claimant may not have been paid pending appeal of the commissioner’s decision, interest is awarded pursuant to § 31-301c(b) C.G.S.

Commissioners Donald H. Doyle, Jr. and Michael S. Miles concur.