W.C. No. 4-424-675Industrial Claim Appeals Office.
November 27, 2000
FINAL ORDER
This matter is before us pursuant to the respondents’ Notice of Withdrawal of Petition to Review. We dismiss the petition to review with prejudice.
On May 11, 2000, Administrative Law Judge Gallegos (ALJ) entered an order awarding benefits and assessing penalties. The respondents timely appealed seeking review of that portion of the order which assessed penalties.
The matter was transmitted to us on November 15, 2000, and we received the record on November 16, 2000. On November 17, 2000, the respondents filed a Notice of Withdrawal of Petition to Review with the Division of Administrative Hearings. This pleading states the matter “has been settled on a full and final basis” and the respondents “request the entry of an Order approving their withdrawal of the Petition to Review.” The respondents’ notice of withdrawal was transmitted to this office on November 21, 2000.
Under these circumstances, the respondents have clearly indicated their desire to withdraw the petition for review of the ALJ’s May 11 order. This request shall be granted.
IT IS THEREFORE ORDERED that the respondents’ request to withdraw the petition to review is granted, and the petition to review the ALJ’s order dated May 11, 2000, 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, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2000. 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 decision were mailed November 27, 2000 to the following parties:
Kevin T. Cummins, P. O. Box 711, Idaho Springs, CO 80452
Jack Russalesi, City of Idaho Springs, P. O. Box 907, Idaho Springs, CO 80452-0907
Marla Myers, Colorado Intergovernmental Risk Sharing Agency, 950 S. Cherry St., #800, Denver, CO 80246
Pamela Musgrave, Esq., 1410 Grant St., #C206, Denver, CO 80203 (For Claimant)
Bruce B. McCrea, Esq., 1777 S. Harrison St., #1110, Denver, CO 80210 (For Respondents)
BY: A. Pendroy