W.C. No. 4-511-242.Industrial Claim Appeals Office.
February 7, 2008.
FINAL ORDER
This matter is before us pursuant to the claimant’s Motion to Withdraw Petition to Review. On September 25, 2007, Administrative Law Judge Harr (ALJ) entered an order finding the respondents had overcome the rating of the Division independent medical examination physician (Dr. Mason) by clear and convincing evidence. The ALJ ordered the respondents to pay permanent partial disability benefits in accordance with another physician’s whole person impairment rating. The claimant filed a timely petition to review.
On February 5, 2008, we received the claimant’s Motion to Withdraw Petition to Review. The motion states the claimant does not wish to pursue this appeal and asked that the appeal be stricken. Under these circumstances, the claimant’s motion to withdraw the petition to review is granted.
IT IS THEREFORE ORDERED that the claimant’s Motion to Withdraw Petition to Review is granted, and the petition to review the ALJ’s order dated September 25, 2007, is dismissed with prejudice.
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INDUSTRIAL CLAIM APPEALS PANEL
_______________________ John D. Baird
_______________________ Thomas Schrant
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SHOSHANA CHASE-TYLER, LITTLETON, CO, (Claimant).
DIGIACOMO JAGGERS, LLP, Attn: KATHY WEYER/DAVID DIGIACOMO, ESQ., ARVADA, CO, (Employer).
PINNACOL ASSURANCE, Attn: HARVEY D FLEWELLING, ESQ., DENVER, CO, (Insurer).
BLACKMAN LEVINE, L.L.C., Attn: LAWRENCE D BLACKMAN, ESQ., DENVER, CO, (For Claimant).
RUEGSEGGER SIMONS SMITH STERN, LLC, Attn: LISA A SIMONS, ESQ., DENVER, CO, (For Respondents).
PINNACOL ASSURANCE, Attn: CHARLES WALKER, DENVER, CO, (Other Party).
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