CASE NO. 2255 CRB-6-94-12Workers’ Compensation Commission
AUGUST 10, 1995
The claimant was represented by Edward D. O’Brien, Esq.
The respondents Connecticut Veterinary Hospital and ITT Hartford were represented by Joseph E. Skelly, Jr., Esq., Edward M. Henfey Assoc.
The respondents Connecticut Veterinary Hospital and Aetna Casualty Surety Co. were represented by David C. Davis, Esq., McGann, Bartlett Brown.
The respondent Waterford Veterinary Hospital was represented by Jason M. Dodge, Esq., Pomeranz, Drayton Stabnick.
The respondents Valley Veterinary Hospital and American Motorists Insurance Co. were represented by Polly L. Orenstein, Esq.
This Petition for Review from the December 2, 1994 Findings of Facts and Dismissal of the Commissioner acting for the Sixth District was heard May 5, 1995 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Roberta S. D’Oyen and Amado J. Vargas.
DISMISSAL ORDER
JESSE M. FRANKL, CHAIRMAN.
The claimant petitioned for review from the December 2, 1994 Finding and Dismissal of the Commissioner for the Sixth District. Each respondent has filed a motion to dismiss the appeal on the grounds that the petition for review was untimely. The claimant has also failed to file reasons for appeal pursuant to Administrative Regulation § 31-301-2, a Motion to Correct pursuant to Administrative Regulation § 31-301-4, or a brief. At oral argument, the claimant’s counsel indicated that her appeal would be withdrawn, as the claimant is deceased and has no heirs. We indicated that we would dismiss the appeal if a withdrawal was not filed.
To date, we have not received the claimant’s withdrawal of appeal. Therefore, we are dismissing the claimant’s appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4055. See McBrearity [McBreairty]v. D.B.D., Inc., 1781 CRB-7-93-7
n. 1 (decided April 18, 1995); Burke v. Abacus Transfer Storage, 13 Conn. Workers’ Comp. Rev. Op. 19, 1782 CRB-3-93-7 (Nov. 3, 1994). Therefore, the respondents’ motions to dismiss are moot.
Commissioners Roberta S. D’Oyen and Amado J. Vargas concur.