MATEY v. ESTATE OF SARAH DEMBER, 1189 CRD 5-91-3 (4-5-91)

MARY LOU MATEY, CLAIMANT-APPELLEE vs. ESTATE OF SARAH DEMBER, EMPLOYER, NO RECORD OF INSURANCE and SECOND INJURY AND COMPENSATION ASSURANCE FUND, RESPONDENT-APPELLANT

CASE NO. 1189 CRD 5-91-3Workers’ Compensation Commission
APRIL 5, 1991

John Arcudi, Chairman, Compensation Review Board, Workers’ Compensation Commission

ORDER

In this matter the Fifth District issued a Finding and Award October 2, 1990. As the respondent employer failed to pay the award, the commissioner below ordered the Second Injury Fund to pay the sums due on February 25, 1991. The Fund moved to set aside the order and reopen proceedings March 7, 1991.

The District granted the motion to set aside the order and reopen proceedings March 19, 1991. Therefore the issues sought to be addressed in the March 5, 1991 appeal from the February 25 order have been rendered moot. Consequently, the appeal is dismissed.