ANTONIO MEDINA, CLAIMANT-APPELLANT v. NEW ENGLAND WRECKER SERVICE, EMPLOYER and COMMERCIAL UNION INSURANCE COMPANY, INSURER, RESPONDENTS-APPELLEES and SECOND INJURY FUND, RESPONDENT-APPELLEE

CASE NO. 1696 CRB-2-93-4Workers’ Compensation Commission
JULY 5, 1994

The claimant was represented by A. A. Washton, Esq., Washton, Segal and Rotella, who neither submitted a brief nor appeared at oral argument.

The respondent was represented by Matthias J. DeAngelo, Esq., Cooney, Scully Dowling.

The Second Injury Fund was represented by Nancy R. Sussman, Esq., Assistant Attorney General, who neither submitted a brief nor appeared at oral argument.

This Petition for Review from the April 8, 1993 Finding and Award of the Commissioner for the Second District was heard April 29, 1994 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl, and Commissioners Angelo L. dos Santos and Nancy A. Brouillet.

OPINION

JESSE FRANKL, CHAIRMAN.

The claimant timely petitioned for review from the Second District Commissioner’s April 8, 1993 Finding and Award of Compensation. He failed to file his Reasons of Appeal. On December 23, 1993, the respondents moved to dismiss the appeal, contending that the claimant had failed to prosecute the appeal with due diligence.

This appeal was calendared to be heard by the Board on April 29, 1994, on the issue of whether it should be dismissed for failure to prosecute pursuant to Practice Book Sec. 4055. No brief was filed by the claimant, and the claimant failed to appear at oral argument.

As the claimant has not filed Reasons of Appeal, appeared or submitted a brief, we must dismiss this appeal for failure to prosecute with due diligence. See Perkins v. Rudy Fogg Sons, 1697 CRB-2-93-4 (decided March 28, 1994); Sinkoski v. ContinentalAuto, 11 Conn. Workers’ Comp. Rev. Op. 243, 1398 CRB-8-92-3
(1993).

Commissioners Angelo L. dos Santos and Nancy A. Brouillet concur.

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