Pastor v. Torre Tile Distributors, Inc.

CASE NO. 4634 CRB-8-03-2

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 23, 2004

DAVID PASTOR

CLAIMANT-APPELLANT

v.

TORRE TILE DISTRIBUTORS, INC.

EMPLOYER

and

TRAVELERS PROPERTY & CASUALTY

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was pro se and did not appear at oral argument.

The respondents were represented by Theodore M. Pappas, Esq., Law Offices of Scott B. Clendaniel, 300 Windsor Street, P.O. Box 2138, Hartford, Connecticut 06145-2138.

This Petition for Review from the February 13, 2003 Finding and Dismissal of the Commissioner acting for the Eighth District was heard September 26, 2003 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners James J. Metro and Stephen B. Delaney.

DISMISSAL ORDER

JOHN A. MASTROPIETRO, CHAIRMAN. The claimant has petitioned for review from the February 13, 2003 Finding and Dismissal of the Commissioner acting for the Eighth District. The claimant has failed to file a Motion to Correct or a brief. In addition, the claimant did not appear at oral argument before this board and has not contacted the clerk’s office regarding his failure to appear.

Claimant has neglected to actively pursue his appeal. We dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 85-1. See Palko v. State/Dept. of Correction, 4018 CRB-2-99-3 (March 22, 2000); Silva v. Allied Signal/Bendix, 3794 CRB-5-98-4 (June 15, 1999); Dubret v. Fairfield/Police Dept., 3495 CRB-4-96-12 (April 1, 1998); Ayres v. United Methodist Homes of CT, 16 Conn. Workers’ Comp. Rev. Op. 193, 3207 CRB-4-95-10, 3294 CRB-4-96-3 (May 20, 1997).

Commissioners James J. Metro and Stephen B. Delaney concur.