IN RE DAVIS, W.C. No. 4-344-708 (05/04/99)


IN THE MATTER OF THE CLAIM OF CODY M. DAVIS, Claimant, v. GLENWOOD GYMNASTICS ACADEMY, and/or BCE WEST BAGELS, LLC, Employers, and COLORADO COMPENSATION INSURANCE AUTHORITY, and/or EMPLOYERS INSURANCE OF WAUSAU, Insurers, Respondents.

W.C. No. 4-344-708, AND 4-346-089, AND 4-348-908Industrial Claim Appeals Office.
May 4, 1999.

FINAL ORDER

Respondents BCE West Bagels LLC, and its insurer Wausau Insurance Companies (Wausau respondents), filed a petition to review an order of Administrative Law Judge Friend (ALJ) dated April 6, 1998. The ALJ transmitted the matter to us on April 5, 1999.

On April 22, 1999, we received a letter from the office of counsel representing the Wausau respondents. The letter states that the matter has been “settled full and final and this office requires no further action to be taken on this matter.” We interpret this letter as constituting a withdrawal of the Wausau respondents’ appeal from the ALJ’s April 6, 1998 order. Therefore, the appeal shall be dismissed with prejudice.

IT IS THEREFORE ORDERED that the Wausau respondents’ petition to review the ALJ’s order dated April 6, 1998, 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 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 May 4, 1999 to the following parties:

Cody M. Davis, 1037 E. 13th Ave., Denver, CO 80219

Glenwood Gymnastics Academy, P. O. Box 1931, Glenwood Springs, CO 81602-1931

BCE West Bagels L.L.C., 4110 N. Scottsdale Rd., #315, Scottsdale, AZ 85251-3999

Curt Kriksciun, Esq., Colorado Compensation Insurance Authority — Interagency Mail (For Glenwood Gymnastics Academy CCIA)

Employers Insurance of Wausau, Attn: George Fairbanks, 9457 S. University Blvd., #313, Highlands Ranch, CO 80126

Sonja Spiegel, Esq., and Clifford Entin, Esq., 50 S. Steele St., #805, Denver, CO 80209 (For Claimant)

Stacy J. Tarler, Esq., 1660 S. Albion St., #425, Denver, CO 80222

Harry A. King, Jr., Esq., 679 Grant St., Denver, CO 80203 (For Respondents BCE West Bagels LLC, Employers Insurance of Wausau)

By: AP