W. C. Nos. 4-678-621, 4-678-621.Industrial Claim Appeals Office.
March 13, 2007.
FINAL ORDER
This matter is before us to consider the respondent’s Motion to Withdraw Petition to Review. We dismiss the appeal.
On September 26, 2006, Administrative Law Judge Mattoon (ALJ) entered an order increasing the claimant’s average weekly wage to reflect the loss of health insurance paid for by the employer. The respondents filed a timely petition to review. The matter was transmitted to us for review and the file was received in this office on February 5, 2007.
On March 2, 2007, the respondents filed a pleading captioned Motion to Withdraw Petition to Review. The pleading states that the respondents voluntarily withdraw their petition to review because in the interim, case law has made the respondent’s petition moot. We presume the respondent refers to the Colorado Supreme Court’s decision i Industrial Claim Appeals Office v. Ray, 145 P.3d 661 (Colo. 2006) which effectively affirmed the decision of the ALJ.
The Motion to Withdraw Petition to Review shall be granted and the appeal shall be dismissed.
IT IS THEREFORE ORDERED that the respondent’s petition to review the ALJ’s order dated September 26, 2006, is dismissed with prejudice.
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INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ Curt Kriksciun
__________________________________ Thomas Schrant
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Memorial Workers Compensation, Will Mercado, 2502 E. Pikes Peak Ave., #108, Colorado Springs, CO 80909
Memorial Hospital, Employee Health, Mike Shoback, 1400 E. Boulder Ave., Colorado Springs, CO 80909
Hueser Hueser, LLP, Barkley D. Hueser, Esq., 625 North Cascade, Suite 300, Colorado Springs, CO 80903 (For Claimant)
Ritsema Lyon, P.C., Carol A. Finley, Esq., 111 South Tejon Street, #700, Colorado Springs, CO 80903 (For Respondents)
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