Delsesto v. Steve Bousquet’s Appliance & TV

CASE NO. 3826 CRB-02-98-06

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

AUGUST 16, 1999

LOUIS DELSESTO

CLAIMANT-APPELLANT

v.

STEVE BOUSQUET’S APPLIANCE & TV

EMPLOYER

and

PEERLESS INSURANCE CO.

INSURER

and

KEMPER INSURANCE

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Michael Bradley, Esq., 90 High Street, Westerly, RI 02891, who did not appear at oral argument.

The employer was represented by Alan Scott Herman, Esq., P.O. Box 663, Putnam, CT 06260, who did not appear at oral argument.

The employer and Peerless Insurance were represented by David Kelly, Esq., Montstream & May, 655 Winding Brook Drive, P.O. Box 1087, Glastonbury, CT 06033, who did not appear at oral argument.

The employer and Kemper Insurance were represented by Tracey Green Cleary, Esq., Law Offices of Michael Brodinsky, P.O. Box 35, North Haven, CT 06473-0836, who did not appear at oral argument.

This Petition for Review from the May 22, 1998 Finding and Award of the Commissioner acting for the Second District was heard January 22, 1999 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Stephen B. Delaney and Michael S. Miles.

DISMISSAL

JESSE M. FRANKL, CHAIRMAN. The claimant has filed a timely petition for review from the May 22, 1998 Finding and Award of the Commissioner acting for the Second 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 § 85-1. 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 Stephen B. Delaney and Michael S. Miles concur.