IN RE ASHLOCK, W.C. No. 4-539-074 (12/29/03)


IN THE MATTER OF THE CLAIM OF JOSEPH ASHLOCK, Claimant, v. SUZIA FOOD CORPORATION, Employer, and AMERICAN CASUALTY COMPANY of READING PA., Insurer, Respondents.

W.C. No. 4-539-074Industrial Claim Appeals Office.
December 29, 2003

ORDER
This matter is before us pursuant to the parties’ Stipulated Motion to Stay Petitions to Review. We grant the motion.

This matter was transmitted to us and received on December 1, 2003, for consideration of the respondents’ petitions to review two orders. Therefore, absent an extension, our order must be issued no later than January 30, 2004. Section 8-43-301(8), C.R.S. 2003.

However, on December 18, 2003, we received the parties’ stipulated motion. The motion, signed by counsel for the claimant and counsel for the respondents, states that a settlement has been reached, and the parties expect to seek approval of the settlement by the Division of Workers’ Compensation (Division). Therefore, pursuant to section 8-43-301(9), C.R.S. 2003, the parties seek a thirty day deferral of our order so that the settlement may be approved. This request shall be granted.

Thus, the time for entry of our order is extended to and including Monday, March 1, 2004. The parties shall immediately notify this office upon the Division’s approval of the settlement so as to avoid the unnecessary expenditure of time. In conjunction with this notice the parties shall provide a copy of the signed and approved settlement documents and a stipulated motion to dismiss the appeal. If no notice is received by February 23, we may proceed to adjudicate the appeal.

IT IS THEREFORE ORDERED that the time for adjudication of the appeal is extended to and including March 1, 2004.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ David Cain
______________________________ Robert M. Socolofsky

Copies of this order were mailed to the parties at theaddresses shown below on December 29, 2003 by A. Hurtado.

Joseph Ashlock, 4220 S. Galapago St., Englewood, CO 80110

Suiza Food Corporation, 1325 W. Oxford Ave., Englewood, CO 80110

American Casualty Company, c/o Kim Reiner, CNA, P. O. Box 17369, Denver, CO 80217

Laurence J. Free, Esq., 1199 Bannock St., Denver, CO 80204 (For Claimant)

Michael A. Perales, Esq., 999 18th St., #3100, Denver, CO 80202 (For Respondents)