SUSAN ROBILLARD, CLAIMANT-APPELLEE vs. WILLIAM PUCKETT, d/b/a SUPER EGG HUT II, EMPLOYER, UNINSURED, RESPONDENT-APPELLANT

CASE NO. 458 CRD-2-86Workers’ Compensation Commission
APRIL 28, 1988

The claimant was represented by Dennis A. Ferdon, Esq., who did not appear at oral argument nor did he file a brief in this matter.

The respondent was represented pro se at the trial level and ultimately pro se on appeal. However, during a part of the appeal respondent was represented by Ralph Bergman, Esq. No appearance was made by the respondent at oral argument, nor was a brief filed.

This petition for Review from the February 14, 1986 Finding and Award of the Commissioner for the Second District was heard May 29, 1987 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and A. Thomas White, Jr.

OPINION

JOHN ARCUDI, Chairman.

Respondent has appealed the alleging Second District February 14, 1986 Finding and Award, (1) he never received notice of a February 11, 1986 Formal Hearing and (2) requesting an opportunity to submit additional evidence and testimony.

Since filing the Petition for Review and the Reasons of Appeal, Respondent’s counsel has removed himself, from the case[1] . No briefs have been filed in this matter nor did the Respondent appear at oral argument[2] . We therefore dismiss the appeal as Respondent has failed to prosecute the appeal with due diligence. See Practice Book Sec. 4055.

Commissioners Andrew Denuzze and A. Thomas White, Jr. concur.

[1] Notice of Attorney Ralph Bergman’s removal was received in a letter to the Commission Chairman April 15, 1987. The letter stated Attorney Bergman requested removal from the case on June 11, 1986.
[2] Claimant’s counsel advised in a May 13, 1987 letter that he would not be filing a brief in this matter because the respondent-appellant failed to submit a brief, and therefore the claimant-appellee had no brief to which a response was due.
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