W.C. No. 4-698-452 W.C. No. 4-760-753.Industrial Claim Appeals Office.
May 18, 2010.
FINAL ORDER
The claimant filed a petition to review a supplemental order of Administrative Law Judge Cain (ALJ) dated February 8, 2010, that denied and dismissed the claim for benefits in W.C. 4-760-753, denied the claim for additional benefits in W.C. 4-698-452 and denied the claimant’s request for an additional hearing.
A Notice of Full and Final Settlement with Molson Coors and Zurich (MC) in W.C. No. 4-698-452 has been filed which recites that the parties agree that W.C. No. 4-698-452 has been resolved in full. We construe the Notice of Full and Final Settlement as a motion to withdraw the petition to review on W.C. No. 4-698-452 with prejudice, which is granted.
However, the Notice of Full and Final Settlement recites that the “other claim remains subject to appeal.” The claim identified by the Number W.C. 4-760-753 involves a claim against FS Insurance Co. Trucking DBA Arlo Transportation and its insurer U.S. Fidelity Guaranty (Arlo). The W.C. 4-760-753 claim against Arlo was denied and dismissed. The claimant on appeal presented no arguments that the portion of the ALJ’s order dealing with W.C. 4-760-753 claim against Arlo was in error. The claim for additional benefits in W.C. 4-698-452 against MC was denied and dismissed and the claimant did present argument on appeal involving this part of the ALJ’s order. It is this claim identified a W.C. 4-698-452 against MC that has been settled. Because the
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claimant has presented no basis upon which relief can be granted in the W.C. 4-760-753 claim against Arlo we affirm the ALJ’s order.
IT IS THEREFORE ORDERED that the claimant’s petition to review the ALJ’s supplemental order dated February 8, 2010 involving the W.C. 4-698-452 against MC is dismissed with prejudice.
IT IS THEREFORE ORDERED that the ALJ’s supplemental order dated February 8, 2010 involving the W.C. 4-760-753 claim against Arlo is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ John D. Baird
______________________________ Thomas Schrant
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JERRY KRUSE, 6197 XENON STREET, ARVADA, CO, (Claimant).
ZURICH AMERICAN INSURANCE CO AND/OR, Attn: DAVE REED, C/O: US FIDELITY GUARANTY, ENGLEWOOD, CO, (Insurer).
THE ELLIOTT LAW OFFICES, PC, Attn: MARK D ELLIOTT, ESQ., ARVADA, CO, (For Claimant).
WHITE AND STEELE, PC, Attn: MATTHEW W TILLS, ESQ., DENVER, CO, (For Respondents).
THOMAS POLLART MILLER LLC, Attn: BRAD J MILLER, ESQ., GREENWOOD VILLAGE, CO, (Other Party).
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