Angol v. In Your Neighborhood Construction, LLC et al.

CASE NO. 5125 CRB-1-06-8

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 16, 2010

NICHOLAS ANGOL

CLAIMANT-APPELLEE

v.

IN YOUR NEIGHBORHOOD CONSTRUCTION, LLC

EMPLOYER

NO RECORD OF INSURANCE

RESPONDENT-APPELLANT

and

CHURCH OF THE MOST HIGH GOD

EMPLOYER

and

HANOVER INSURANCE COMPANY

INSURER

RESPONDENT-APPELLEE

and

ST. PAUL TRAVELERS INSURANCE CO.

RESPONDENT-APPELLEE

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Jan P. van der Werff, Esq., Law Office of Jan P. van der Werff, One Barnard Lane, Suite 202, Bloomfield, CT 06002 who did not appear at oral argument.

Arthur Chappel filed an appeal on behalf of In Your Neighborhood Construction. Therefore notice was sent in care of Arthur Chappel to 26 Judson Street Hartford, CT 06120-1814; 63 Ashford Street Hartford, CT 06120-1104 and 38 Cabot Street Hartford, CT 06120-2319. Arthur Chappel did not appear at oral argument.

The respondents Hanover Insurance Company was represented by Elycia Solimene, Esq., Gibson & Behman, P.C., 71 Bradley Road, Suite 11, Madison, CT 06443 who did not appear at oral argument.

The respondent St. Paul Travelers Insurance was represented by Sean Nourie, Esq., Conway & Stoughton, LLP, 818 Farmington Avenue, West Hartford, CT 06119.

The Second Injury Fund was represented by Donna H. Summers, Esq., Assistant Attorney General, Office of the Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120 who did not appear at oral argument.

This Petition for Review from the August 17, 2006 Finding and Award of the Commissioner acting for the First District was heard January 29, 2010 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Christine L. Engel and Jack R. Goldberg.

OPINION

JOHN A. MASTROPIETRO, CHAIRMAN. The instant matter was heard by the Compensation Review Board at oral argument held January 29, 2010. The matter was calendared for oral argument on the respondent-employer’s appeal from an August 17, 2006 Finding and Award to the claimant. For the foregoing reasons this panel has determined this appeal must be dismissed pursuant to Practice Book § 85-1.

Counsel for the respondent-employer-appellant commenced this appeal on September 6, 2006. Since that date counsel for the respondent-employer-appellant was granted a Motion to withdraw his appearance on the respondent’s behalf. Angol v. In Your Neighborhood Construction, LLC, 5125 CRB-1-06-8 (July 17, 2007). The Second Injury Fund has withdrawn its appeal in this matter and represented to this panel the matter was resolved. The respondent-employer-appellant, however, has not withdrawn this appeal and was properly noticed that the matter would be heard on our docket of January 29, 2010. The appellant did not appear for oral argument on that date.

The respondent-employer-appellant has also failed to submit a brief in support of this appeal or take any other affirmative action following the withdrawal of counsel. Therefore, pursuant to the precedent in Lopez v. A. Anastasio Fence Company, 5101 CRB-4-06-6 (May 23, 2007) and Bernier v. American Ref-Fuel Company of Southeast Connecticut, 4876 CRB-2-04-10 (December 23, 2005), we must dismiss this appeal for failure to prosecute with proper diligence pursuant to Practice Book § 85-1.

Commissioners Jack R. Goldberg and Christine L. Engel concur in this decision.