IN RE FITZGERALD, W.C. No. 4-379-064 (02/06/01)


IN THE MATTER OF THE CLAIM OF JOLENE FITZGERALD, Claimant, v. PIKES PEAK MINING, Employer, and OLD REPUBLIC INSURANCE, Insurer, Respondents.

W.C. No. 4-379-064Industrial Claim Appeals Office.
February 6, 2001

FINAL ORDER
On August 22, 2000, Administrative Law Judge Wheelock (ALJ) entered an order finding the claimant is not entitled to permanent partial disability benefits based on medical impairment of the whole person. The claimant petitioned to review.

On February 1, 2001, we received a letter from claimant’s counsel advising that the claim has been settled “on a full and final basis,” and stating the claimant wishes to withdraw the appeal. The claimant’s request shall be granted.

IT IS THEREFORE ORDERED that the claimant’s petition to review the ALJ’s order dated August 22, 2000, is dismissed with prejudice.

INDUSTRIAL CLAIM APPEALS PANEL

________________________________ David Cain
________________________________ Dona Halsey

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 February 6, 2001 to the following parties:

Jolene Fitzgerald, 98 Montana Cir., Florissant, CO 80816-8734

Pikes Peak Mining, Exploration Drilling, 8100 N.E. Parkway Dr., Vancouver, WA 98662

Old Republic Insurance, P. O. Box 2200, Greenburg, PA 15601

GAB Robins, P. O. Box 370750, Denver, CO 80237

Patrick J. McDivitt, Esq., 19 E. Cimarron St., Colorado Springs, CO 80903 (For Claimant)

Lawrence D. Blackman, Esq., 1515 Arapahoe St., Tower 3, #600, Denver, CO 80202 (For Respondents)

BY: A. Pendroy