Roberts v. John J. Anthony d/b/a Central Cab

CASE NO. 2056 CRB-4-94-5

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 29, 1995

NORMAN ROBERTS

CLAIMANT-APPELLEE

v.

JOHN J. ANTHONY d/b/a CENTRAL CAB

EMPLOYER

NO RECORD OF INSURANCE

RESPONDENT-APPELLANT

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Nicholas A. D’Agosto, IV, Esq., Robert C. Sousa & Associates, 375 Bridgeport Ave., P. O. Box 805, Shelton, CT 06484.

The respondent employer, John J. Anthony d/b/a Central Cab, 21 Huntington Avenue, Shelton, CT 06484, did not appear at oral argument.

The Second Injury Fund was represented by Yinxia Long, Esq., Assistant Attorney General, P. O. Box 120, 55 Elm St., Hartford, CT 06141-0120, who did not appear at oral argument.

This Petition for Review from the May 23, 1994 Finding and Award of the Commissioner acting for the Fourth District was heard March 24, 1995 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Roberta Smith D’Oyen and Amado J. Vargas .

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN. The respondent employer timely petitioned for review from the Fourth District Commissioner’s May 23, 1994 Finding and Award. The employer has failed to file its reasons of appeal, a brief, or a motion to correct. Moreover, the employer did not appear at oral argument before this Board.

As the employer has neglected to actively pursue his appeal, we must dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4055. See Perkins v. Rudy Fogg & Son, 12 Conn. Workers’ Comp. Rev. Op. 241,1697 CRB-2-93-4 (March 28, 1994); Divita v. Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (Jan. 26, 1994); Hargatai v. Copy Data, Inc., 11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (June 2, 1993); Jones v. Middletown Manufacturing, 11 Conn. Workers’ Comp. Rev. Op. 56, 57, 1296 CRD-8-91-9 (April 5, 1993).

Commissioners Roberta Smith D’Oyen and Amado J. Vargas concur.