W.C. No. 4-150-890, 4-244-587Industrial Claim Appeals Office.
February 19, 1999.
FINAL ORDER
This matter is before us pursuant to a letter written by counsel for respondent City and County of Denver, and dated February 12, 1999. We dismiss the respondent’s petition to review.
On April 29, 1998, Administrative Law Judge Gandy (ALJ) entered an order awarding permanent total disability benefits. The respondent filed a timely petition to review. After the matter was transmitted to us for review, we received a letter from claimant’s counsel stating that the respondent intended to withdraw its petition to review. Consequently, on January 22, 1999, we wrote a letter to the parties advising that if the respondent wished to withdraw its petition to review, it must file a letter with the Industrial Claim Appeals Office, in accordance with Rule of Procedure (VII) (F), 7 Code Colo. Reg., 1101-3 at 20.
On February 17, 1999, a member of our staff contacted respondent’s counsel to determine whether or not the respondent intended to withdraw the appeal. At that time, counsel for the respondent advised that she had mailed a letter of withdrawal on February 12, 1999. On February 17, 1999, we received the February 12 letter which states that the respondent “will be withdrawing” its petition to review and filing a final admission. In light of counsel’s statements to our staff, we understand the February 12 letter to be a withdrawal of the petition to review. Consequently, the respondent’s petition to review the ALJ’s order dated April 29, 1998, shall be dismissed with prejudice.
IT IS THEREFORE ORDERED that the respondent’s petition to review the ALJ’s order dated April 29, 1998, 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. 1998.
Copies of this decision were mailed February 19, 1999 to the following parties:
Estate of Anthony Aragon, 3299 S. Galena Court, Denver, CO 80231
City and County of Denver, Attn: Richard Uhrlaub, 1445 Cleveland Place, Suite 200, Denver, CO 80202
Jack Kintzele, Esq., 1317 Delaware Street, Denver, CO 80204 (For Claimant)
City and County of Denver, Attn: Evelyn Makovsky, Esq., 1445 Cleveland Place, Suite 200, Denver, CO 80202 (For Respondents)
BY: _______________________