Opinion
CASE NO. 1559 CRB-8-92-11
NOVEMBER 22, 1993
The claimant was represented by Mark Melly, Esq., and Michael Melly, Esq.
The respondents were represented by Robert J. Enright, Esq., and Richard Bartlett, Esq., both of McGann, Bartlett Brown.
This Ruling Re: Respondents' Motion to Dismiss was filed pursuant to the filing of a Petition for Review from the October 30, 1992 Finding and Award of the Commissioner for the Eighth District was heard November 19, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George Waldron and Donald H. Doyle, Jr.
RULING RE: MOTION TO DISMISS
The respondents filed a Motion to Dismiss November 19, 1993 on the basis of the claimant-appellant's untimely filing of his brief. The November 19, 1993 Compensation Review Board calendar, issued August 2, 1993, provided that the appellants in cases which were scheduled for oral argument on November 19, 1993, were to file briefs by September 17, 1993. The claimant's brief in the instant matter was not filed with the Compensation Review Board until November 15, 1993, a mere four (4) days prior to oral argument. We granted the respondents' Motion to Dismiss in a ruling announced from the bench by this panel at oral argument, November 19, 1993.
We, therefore, dismiss the claimant's appeal.
Commissioners George Waldron and Donald H. Doyle, Jr. concur.