IN RE APPELHANS, W.C. No. 4-553-714 (9/9/04)


IN THE MATTER OF THE CLAIM OF TROY APPELHANS, Claimant, v. QWEST, Employer, and SEDGWICK CLAIMS MANAGEMENT SERVICES, Insurer, Respondents.

W.C. No. 4-553-714.Industrial Claim Appeals Office.
September 9, 2004.

FINAL ORDER
This matter is before us pursuant to the respondents’ petition to review a Supplemental Order issued by Administrative Law Judge Coughlin (ALJ) on June 4, 2004. On August 25, 2004, we received a “notice” from respondents’ counsel stating that on August 19, 2004, the parties reached a full and final settlement of the case and the parties expected approval of the settlement within two weeks. The notice further states that in light of this development “no order is necessary.”

We consider the respondents’ “notice” as a motion to dismiss the appeal. Two weeks have elapsed since the “notice” was filed, and we have received no indication that the proposed settlement was not approved. Consequently, we conclude the appeal has become moot and there is no need to enter an order concerning the respondents’ petition to review.

IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated June 4, 2004, is dismissed with prejudice.

INDUSTRIAL CLAIM APPEALS PANEL

____________________ David Cain
____________________ Bill Whitacre

Troy Applehans, Golden, CO, Kathryn Keim, Denver, CO, Kelly Thompson, Sedgwick Claims Management Services, Denver, CO, Susan D. Phillips, Esq., Denver, CO, (For Claimant).

Anne Smith Myers, Esq. and Willow I. Arnold, Esq., Denver, CO, (For Respondents).