LESTAGE v. YELLOW FREIGHT SYSTEMS, INC., 3044 CRB 5-95-4 (3-19-1997)


ROLAND LESTAGE, CLAIMANT-APPELLANT v. YELLOW FREIGHT SYSTEMS, INC., EMPLOYER and PIONEER ADJUSTMENT SERVICE, INSURER and SECOND INJURY FUND, RESPONDENTS-APPELLEES

CASE NO. 3044 CRB 5-95-4Workers’ Compensation Commission
MARCH 19, 1997

The claimant was represented by Joshua Hawks-Ladds, Esq., Sorokin, Sorokin, Gross, Hyde Williams, P.C.

The respondents were represented by Scott Wilson Williams., Esq., Maher Williams.

The Second Injury Fund was represented by Michael J. Belzer, Esq., Assistant Attorney General, who did not appear at oral argument.

This Petition for Review from the April 19, 1995 Finding and Award of the Commissioner acting for the Fifth District was heard November 22, 1996 before a Compensation Review Board panel consisting of Commissioners George Waldron, Amado J. Vargas, and Robin L. Wilson.

DISMISSAL

GEORGE WALDRON, COMMISSIONER.

The claimant has filed a petition for review from the April 19, 1995 Finding and Award of the Commissioner acting for the Fifth District. The claimant has failed to file a brief, and did not appear at oral argument before this board.

As the claimant has neglected to actively pursue his appeal, we dismiss the appeal for failure to prosecute with proper diligence pursuant to Practice Book § 4184A. See Divita v. Thames Valley Steel,12 Conn. Workers’ Comp. Rev. Op. 50, 1541 CRB-2-92-10 (Jan. 26, 1994);Milardo v. Shuck Petroleum, 11 Conn. Workers’ Comp. Rev. Op. 279, 1559 CRB-8-92-11 (Nov. 22, 1993); Hargatai v. Copy Data, Inc.,11 Conn. Workers’ Comp. Rev. Op. 106, 107, 1475 CRB-4-92-7 (June 2, 1993).

The claimant’s appeal is dismissed.

Commissioners Amado J. Vargas and Robin L. Wilson concur.