KACZYNSKI v. FCD CORPORATION/MARK IV, 1954 CRB-3-94-1 (1-25-95)


JOHN KACZYNSKI, CLAIMANT-APPELLANT v. FCD CORPORATION/MARK IV, EMPLOYER and AMERICAN INTERNATIONAL ADJ. CO., INSURER, RESPONDENTS-APPELLEES

CASE NO. 1954 CRB-3-94-1Workers’ Compensation Commission
JANUARY 25, 1995

The claimant was represented by Thomas T. Lonardo, Esq., who did not appear at oral argument.

The respondents were represented by William Bilcheck, Esq., and James M. Hughes, Esq., McNamara Kenney, who did not appear at oral argument.

This Petition for Review from the January 12, 1994 Finding and Denial of C.G.S. 31-308a Benefits of the Commissioner acting for the Third District, was heard December 16, 1994 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Angelo L. dos Santos and Nancy A. Brouillet.

DISMISSAL ORDER

JESSE M. FRANKL, CHAIRMAN.

The claimant timely petitioned for review from the Third District Commissioner’s January 12, 1994 Finding and Denial. To date, the claimant has failed to file his reasons for appeal, a brief, or a motion to correct. Moreover, the claimant did not appear at oral argument before this Board on December 16, 1994.

As the claimant 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, 1697 CRB-2-93-4 (decided March 28, 1994); Divitav. Thames Valley Steel, 12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (1994); Hargatai v. Copy Data, Inc.,11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (1993); Jones v. Middletown Mfg., 11 Conn. Workers’ Comp. Rev. Op. 56, 57, 1296 CRD-8-91-9 (1993).

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