W.C. No. 4-445-762Industrial Claim Appeals Office.
October 21, 2002
FINAL ORDER
This matter is before us pursuant to the claimant’s motion to dismiss the appeal. The claimant filed a petition to review an order of Administrative Law Judge Harr (ALJ Harr), dated May 3, 2002, which denied two claims for penalties. On October 16, 2002, we received the claimant’s motion to dismiss on grounds the “case has been settled.” The claimant’s motion shall be granted.
We note that, in this same case, the respondent filed a petition to review an order of ALJ Henk dated December 5, 2001. The appeal of ALJ Henk’s order is still pending, and we must issue an order on or before November 12, 2002. Thus, if the settlement was on a full and final basis and no issues remain to be resolved, we request the respondent to file a motion withdrawing its appeal. Further, we request the motion be filed as soon as possible so that we may avoid spending time on a moot case.
IT IS THEREFORE ORDERED that the claimant’s appeal of ALJ Harr’s order dated May 3, 2002, 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. 2002. 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 Street, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed October 21, 2002 to the following parties:
Debbra Koester, 2430 S. Corona, Denver, CO 80210
Jack McCracken, Fifth Avenue Limousine Service, 5253 E. 38th Ave., Denver, CO 80207
Ralph Ogden, Esq., 1750 Gilpin St., Denver, CO 80218 (For Claimant)
Christopher B. Dominick, Esq., 501 S. Cherry St., #610, Denver, CO 80246-1328 (For Respondent)
By: ______A. Hurtado_______