Opinion
CASE NO. 180 CRD-4-82
MARCH 1, 1985
The Claimant was represented by Kenneth Damato, Esq., although he was not present for oral argument.
The Respondents were represented by Douglas L. Drayton, Esq.
This Petition for Review from the November 16, 1982 Finding and Award of the Commissioner for the Fourth District was argued on a Motion to Dismiss the Appeal for Lack of Prosecution October 28, 1983 before a Compensation Review Division Panel consisting of Commissioners A. Paul Berte, Rhoda Loeb and Frank Verrilli.
DISMISSAL FOR LACK OF PROSECUTION
A Finding and Award in this matter was entered by the Commissioner for the Fourth District on November 16, 1982. The decision was a denial of claimant's claim. Attorney Kenneth J. Damato of Bridgeport filed a "Claimant's Notice of Appeal" on behalf of the claimant, dated and received by the Fourth District November 24, 1982. The claimant did not file a Petition for Review, i.e. the form adopted by the commission effective June 24, 1980 for filing appeals Sec 31-301 Connecticut General Statutes and Administrative Regulations Sec. 31-301-1.
The Compensation Review Division assigned this matter for argument to dismiss for failure to prosecute. The claimant's attorney upon receipt of the assignment calendar notified the Compensation Review Division that the claimant moved and left no forwarding address. He further informed the Compensation Review Division that it has been impossible for him to have further communication with the claimant regarding this matter, and that he took the appeal on his own initiative on the hopes that the claimant would contact him. He also advised that the claimant has not communicated with him, and that without her assistance and cooperation it was impossible for him to pursue this appeal. Furthermore, he informed the Compensation Review Division that he would not be appearing at the hearing to respond to the dismissal for failure to prosecute unless he heard from the claimant prior to that time.
The Compensation Review Division has received no other filings or communications from the appellant other than the referenced "Claimant's Notice of Appeal" and claimant attorney's letter of September 19, 1983.
The respondents have moved to dismiss this appeal for the reason that the claimant-appellant has taken no action on it. And, under the circumstances stated in Attorney Damato's letter of September 19, 1983 whereby claimant has had no communication with him since the formal hearing, which was held prior to November 16, 1982, we have no information before us from which to conclude that claimant has any intention to pursue this appeal.
The dismissal for failure to prosecute was scheduled for argument at 9:00 a.m. on October 28, 1983. An attorney was present for the respondents, but no one appeared on behalf of the claimant. Based on Attorney Damato's letter of September 19, 1983, we concluded that he had not heard from the claimant, and that was the reason for his non-appearance, which under the circumstances we excused.
This matter was heard by the Compensation Review Division and the respondents requested that we enter a dismissal of the appeal.
The Compensation Review Division has heard nothing further on this matter from the claimant-appellant since the date or argument, and, accordingly, the appeal is dismissed for failure to prosecute.
Commissioners Loeb and Verrilli concur in this opinion.