IN THE MATTER OF THE CLAIM OF CLARICE ATLER, Claimant, v. THE SOUTHLAND CORP., Employer, and KEMPER INSURANCE, Insurer, Respondents.

W.C. No. 4-368-736Industrial Claim Appeals Office.
April 20, 2001

FINAL ORDER
On October 27, 2000, Administrative Law Judge Corchado (ALJ) entered an order awarding permanent total disability benefits. The respondents filed a timely petition to review. The respondents’ appeal was transmitted to us and received on April 10, 2001.

On April 18, 2001, counsel for the respondents filed a notice stating that the parties have settled the claim on a full and final basis, and the respondents do not wish to pursue their petition to review. We interpret this notice as a request to withdraw the petition to review. The respondents’ request shall be granted.

IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated October 27, 2000, is dismissed with prejudice.

INDUSTRIAL CLAIM APPEALS PANEL

___________________________________ David Cain
___________________________________ Kathy E. Dean

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. 2000.

Copies of this decision were mailed 4/20/01 to the following parties:

Clarice Atler, John M. Connell, Esq., 1675 Larimer St., #710, Denver, CO 80202

The Southland Corp., 7-Eleven, 2711 N. Haskell Ave., Dallas, TX 75204-2906

American Protection Insurance Company, Claims Department, Kemper Insurance, P. O. Box 5347, Denver, CO 80217-5347

John M. Connell, Esq., 1675 Larimer St., #710, Denver, CO 80202 (For Claimant)

David W. Smiley, Esq. and Matthew Tills, Esq., 950 17th St., 21st floor, Denver, CO 80202 (For Respondents)

By: A. Hurtado

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