W.C. No. 4-260-087Industrial Claim Appeals Office.
December 31, 1996
FINAL ORDER
This matter is before us pursuant to the claimant’s petition to review an order of Administrative Law Judge Gandy (ALJ) dated June 27, 1996. We dismiss the petition to review with prejudice.
A review of the record indicates that this matter proceeded to hearing on May 24, 1996, concerning a claim for medical benefits. On May 29, 1996, the ALJ entered a Summary Order denying the claim. The claimant timely requested specific findings of fact and conclusions of law, and the ALJ entered a Final Order on June 27, 1996. The claimant then filed a timely petition to review the June 27 order.
The claimant did not file a brief in support of his petition to review. However, on November 15, 1996, the claimant mailed a letter to the ALJ stating that he would “not be pursuing [the] order dated May 29, 1996.” Despite receiving the letter on November 19, the ALJ transmitted the file to us on November 21, 1996. On November 29, 1996, we notified the parties that we had received the record, but that the record did not contain a brief in support of the petition to review. Counsel for claimant then sent us a letter, dated December 6, 1996, enclosing a copy of the letter which he mailed to the ALJ on November 15.
It is apparent that the ALJ’s Summary Order of May 29, 1996 underlies the ALJ’s order of June 27, 1996. Further, we understand the claimant’s statement that he will not be “pursuing” the May 29 order as constituting a withdraw of his petition to review the June 27, 1996 order. Consequently, the claimant’s petition to review the June 27, 1996 order must be dismissed with prejudice.
IT IS THEREFORE ORDERED that the claimant’s petition to review the June 27, 1996 order is dismissed with prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C. R. S. (1996 Cum. Supp.).
Copies of this decision were mailed December 31, 1996
to the following parties:
Kendall VonFeldt, 817 Gay St., Longmont, CO 80501
Joseph Brink, III, King Soopers Workers’ Compensation Dept., P.O. Box 5567, T.A. Denver, CO 80217
H. William Sims, Jr., Esq., P.O. Box 978, Longmont, CO 80502-0978 (For the Claimant)
Marsha A. Kitch, Esq., 1700 Broadway, #1910, Denver, CO 80290 (For the Respondent)
By: ____________________________________________