CASE NO. 03557 CRB-07-97-03 CLAIM NO. 0700012397Workers’ Compensation Commission
FEBRUARY 4, 1998
DISMISSAL
Ordinarily, pursuant to the Supreme Court’s November 5, 1997 decision in Coley v. Camden Associates, Inc., 243 Conn. 311 (1997) the Second Injury Fund’s appeal from the Commissioner acting for the Seventh District’s March 5, 1997 Ruling on Claimant’s Motion For Payments Pending Appeal would be granted. However, it appears that the underlying appeal in this matter which gave rise to the commissioner’s order directing the Second Injury Fund to pay benefits pursuant to the appeal as provided in Sec. 31-301(f) was resolved in the July 29, 1997 decision of the Compensation Review Board. ( See, McKenna v. Thorne Cleaves, Inc.,3365 CRB-7-96-6 (July 29, 1997)) Thus, it appears that the Second Injury Fund’s appeal in this matter is now moot.
________________________________ Jesse M. Frankl, Chairman Compensation Review Board Workers’ Compensation Commission