CASE NO. 2258 CRB 3-95-1Workers’ Compensation Commission
JANUARY 11, 1996
The claimant did not appear at oral argument.
The respondents were represented by Steven Ekern, Esq., Pomeranz, Drayton Stabnick.
The Second Injury Fund was represented by Michael Giammatteo, Esq., Assistant Attorney General, who did not appear at oral argument.
This Petition for Review from the January 4, 1995 Finding and Award of the Commissioner acting for the Third District was heard November 17, 1995 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Roberta Smith Tracy and Amado J. Vargas.
OPINION
JESSE M. FRANKL, CHAIRMAN.
The Second Injury Fund (“Fund”) has filed a timely petition for review from the Third District Commissioner’s January 4, 1995 Finding and Award. However, the Fund has failed to file a motion to correct or a brief, and the Fund failed to appear at oral argument before this board.
As the Fund has neglected to actively pursue its appeal, we dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4055. See Perkins v. Rudy FoggSon, 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. CopyData, Inc., 11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (June 2, 1993); Jones v. Middletown Mfg., 11 Conn. Workers’ Comp. Rev. Op. 56, 57, 1296 CRD-8-91-9 (April 5, 1993).
The Fund’s appeal is dismissed.
Commissioners Roberta Smith Tracy and Amado J. Vargas concur.