Reynolds v. Atlantic Foods

CASE NO. 3676 CRB-07-97-09

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 20, 1998

GARRISON REYNOLDS

CLAIMANT-APPELLANT

v.

ATLANTIC FOODS

EMPLOYER

and

AETNA LIFE & CASUALTY

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was not represented at oral argument. Notice sent to Andrew M. Haynes, Esq., 19 Third Street, Stamford, CT 06905.

The respondents were represented by James Pomeranz, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033-4412.

This Petition for Review from the August 21, 1997 Finding and Dismissal of the Commissioner acting for the Seventh District was heard April 24, 1998 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Donald H. Doyle, Jr., and Michael S. Miles

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN. The claimant has filed a petition for review from the August 21, 1997 Finding and Dismissal of the Commissioner acting for the Seventh District. He has failed to file reasons of appeal, a motion to correct, or a brief. In addition, the claimant did not appear at oral argument before this board.

As the claimant has neglected to actively pursue his appeal, we dismiss his petition for review for failure to prosecute with proper diligence pursuant to Practice Book § 85-1.1 See Hyatt v. Ames Department Stores, Inc., 3533 CRB-6-97-2 (May 14, 1998); O’Connor v. United Parcel Service, 3124 CRB-4-95-7 (Dec. 18, 1996); Currin v. State of Connecticut/DMR Region 2, 16 Conn. Workers’ Comp. Rev. Op. 137, 2183 CRB-6-94-10 (Nov. 27, 1996); Santino v. Richard Auto Transport, 16 Conn. Workers’ Comp. Rev. Op. 37, 3227 CRB-3-95-7 (Oct. 9, 1996).

The claimant’s appeal is thus dismissed.

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

1 In the respondents’ Motion to Dismiss they cite P.B. § 4055. Section 4055 was repealed on September 3, 1996, and moved to § 4184A. In February 1998, § 4184A was repealed and moved to § 85-1. BACK TO TEXT