State of Connecticut v. Todd Rose D/B/A P.D.Q. Express Lube

CASE NO. 3896 CRB-02-98-09

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 3, 1999

STATE OF CONNECTICUT

COMPLAINANT

v.

TODD ROSE D/B/A P.D.Q. EXPRESS LUBE

EMPLOYER

NO RECORD OF INSURANCE

RESPONDENT-APPELLANT

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The Respondent Todd Rose d/b/a P.D.Q. Express Lube appeared at the trial level pro se and filed the appeal on his own behalf. However, the respondent did not appear at oral argument.

The Complainant was represented at the trial level by William Mecca, Compliance Investigator, of the State of Connecticut - Office of the Treasurer, 55 Elm Street, Hartford, Connecticut 06106 and on appeal by William McCullough, Esq., and J. Sarah Posner, Esq., Assistant Attorneys General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120.

This Petition For Review from the September 2, 1998 Finding and Order 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 Angelo L. dos Santos and Stephen B. Delaney.

RULING RE: MOTION TO DISMISS

JESSE M. FRANKL, CHAIRMAN. The respondent-employer filed a Petition for Review from the September 2, 1998 Finding and Order of the Commissioner acting for the Second District. In the Finding and Order the commissioner fined the employer $1,200.00 for his failure to comply with § 31-284(b). Sec. 31-284(b) requires employers to carry Workers’ Compensation insurance.

The appellant has not filed his Reasons of Appeal nor any other document in support of his appeal other than his Petition for Review. The appellee, Second Injury Fund, filed a Motion to Dismiss the employer’s appeal on the basis of his failure to prosecute the appeal.

Thereafter, this tribunal calendared the matter for a hearing pursuant to Prac. Book § 85-1 to show cause why the employer’s appeal should not be dismissed. The appellant did not appear at oral argument nor did he file Reasons of Appeal or a brief. The appellee’s Motion to Dismiss is granted. See also; Reynolds v. Atlantic Foods, 3676 CRB-7-97-9 (October 20, 1998); Danise v. JMJB, Inc., d/b/a The Brake Shop Mechanic, 3681 CRB-7-97-9 (October 19, 1998); Hyatt v. Ames Department Stores, Inc., 3533 CRB-6-97-2 (May 14, 1998).

Therefore, the appeal is dismissed.

Commissioners Angelo L. dos Santos and Stephen B. Delaney concur.