IN RE FRANZ v. BROOKHARTS, INC., W.C. No. 3-966-319 (5/22/2009)

IN THE MATTER OF THE CLAIM OF VINCENT FRANZ, Claimant, v. BROOKHARTS, INC., Employer, and PINNACOL ASSURANCE, Insurer, Respondents.

W.C. No. 3-966-319.Industrial Claim Appeals Office.
May 22, 2009.

PROCEDURAL ORDER
This matter is before us pursuant to the claimant’s Motion for Permission to File a Reply Brief. In his motion, the claimant contends that the respondents have no objection to the claimant filing the proposed reply brief. We issue this order pursuant to § 8-43-301(9), C.R.S. 2008, which grants us power to “issue such procedural orders as may be necessary to carry out” our appellate review.

IT IS THEREFORE ORDERED that the claimant’s motion to file a reply brief is granted. The claimant may file a reply brief on or before May 29, 2009; however, because of the time constraints imposed by § 8-43-301(8), C.R.S. 2008, no further extension of time will be granted.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ John D. Baird

____________________________________ Thomas Schrant

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VINCENT FRANZ, WOODLAND PARK, CO, (Claimant).

PINNACOL ASSURANCE, Attn: HARVEY D FLEWELLING, ESQ., DENVER, CO, (Insurer).

STEVEN U MULLENS, PC, Attn: STEVEN U MULLENS, ESQ., COLORADO SPRINGS, CO, (For Claimant).

RUEGSEGGER SIMONS SMITH STERN, LLC, Attn: LISA SIMONS, ESQ., DENVER, CO, (For Respondents).

PINNACOL ASSURANCE, Attn: MS CECILIA HUST, DENVER, CO, (Other Party).