Danise v. JMJB, Inc. d/b/a The Brake Shop Mechanic

CASE NO. 3681 CRB 07-97-09

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 19, 1998

RICHARD DANISE

CLAIMANT-APPELLEE

v.

JMJB, INC. d/b/a THE BRAKE SHOP MECHANIC

EMPLOYER

NO INSURANCE

RESPONDENT-APPELLEE

and

SECOND INJURY FUND

RESPONDENT-APPELLANT

APPEARANCES:

The claimant was not represented at oral argument. Notice sent to Barbara M. Dratch, Esq., Moots, Pellegrini, Spillane & Mannion, 46 Main Street, P. O. Box 1319, New Milford, CT 06776.

The respondent-employer was not represented at oral argument. Notice sent to Francis Collins, Esq., Cutsumpas, Collins, Hannafin, Garamella, Jaber & Tuozzol, 148 Deer Hill Avenue, P. O. Box 440, Danbury, CT 06810.

The respondent Second Injury Fund was not represented at oral argument. Notice sent to Michelle D. Truglia, Esq., Assistant Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06106.

This Petition for Review from the August 12, 1997 Finding and Award of the Commissioner acting for the Seventh District was heard May 8, 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 respondent Second Injury Fund has petitioned for review from the August 12, 1997 Finding and Award of the Commissioner acting for the Seventh District. The Fund has failed to file reasons of appeal or a brief. The Fund did file a Motion to Correct dated September 10, 1997, which has since become moot by an agreement dated September 22, 1997. In addition, the respondent did not appear at oral argument before this board.

As the Fund has neglected to actively pursue its appeal, we dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 85-1. 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 Conn./DMR Region 2, 16 Conn. Workers’ Comp. Rev. Op. 137, 2183 CRB-6-94-10 (Nov. 27, 1996).

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