IN RE ARTEGA, W.C. No. 4-507-414 (3/30/04)


IN THE MATTER OF THE CLAIM OF JOSE CARDONA ARTEGA, Claimant, v. NOBEL SYSCO FOOD SERVICES, INC., Employer, and CNA INSURANCE COMPANY, Insurer, Respondents.

W.C. No. 4-507-414Industrial Claim Appeals Office.
March 30, 2004

FINAL ORDER
This matter is before us to consider the claimant’s “Withdrawal of Petition to Review.” We dismiss the appeal.

On October 27, 2003, Administrative Law Judge Jones (ALJ) entered an order denying and dismissing claims for temporary total disability and medical benefits. The claimant filed a timely petition to review. The matter was transmitted to us for review on March 18, 2004, and the file was received in this office on March 22, 2004.

On March 18, 2004, the claimant filed with the Division of Administrative Hearings a pleading captioned Withdrawal of Petition to Review. This pleading was transmitted to us and received on March 24, 2004. The pleading states the claimant no longer desires appellate review.

We consider the Withdrawal of Petition to Review as a motion to dismiss the appeal. The motion shall be granted.

IT IS THEREFORE ORDERED that the claimant’s petition to review the ALJ’s order dated October 27, 2003, 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 this 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, within twenty (20) days after the date this Order was mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2003. The appealing party must serve a copy of the Petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.

Copies of this order were mailed to the parties at the addresses shown below on March 30, 2004 by A. Hurtado.

Jose Cardona Artega, 2902 Franklin St., Denver, CO 80205

Nobel Sysco Food Services, Inc., 1101 W. 48th Ave., Denver, CO 80221

CNA Insurance Company, c/o Continental Casualty Company, P. O. Box 5408, Denver, CO 80217

Gallagher Bassett Services, Inc., P. O. Box 4068, Englewood, CO 80155-4068

Bob Ring, Esq., 2550 Stover St., Bldg. C, Fort Collins, CO 80525 (For Claimant)

Cheryl A. Martin, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents)