W.C. No. 4-445-762Industrial Claim Appeals Office.
November 5, 2002
FINAL ORDER
The respondent filed a petition to review an order of Administrative Law Judge Henk (ALJ Henk) dated December 5, 2001. We dismiss the petition to review as moot.
We note that on October 21, 2002, we dismissed the claimant’s petition to review an order of ALJ Harr which was issued in this case. The claimant represented the claim was settled. In our order we requested the respondent to withdraw its appeal of ALJ Henk’s order if no further issues remained.
The respondent did not reply to our request. Consequently, on October 28, 2002, a member of our office staff contacted respondent’s counsel in an effort to determine whether the respondent wished to proceed. Counsel advised our staff member that all issues were settled and he would submit a request to withdraw the appeal by way of facsimile. By October 30, 2002, no request had been received, and our staff left a message requesting that the written withdraw be submitted. However, as of November 4, 2002, no written request has been received.
We assume, from counsel’s oral representations to our staff, and the claimant’s withdrawal of her appeal, that the claim has been settled on a full and final basis and that the respondent’s appeal is now moot. Consequently, we dismiss the respondent’s appeal with prejudice. If our assumption is erroneous, counsel for the respondent may file a motion for a corrected order pursuant to section 8-43-302(1), C.R.S. 2002.
IT IS THEREFORE ORDERED that the respondent’s petition to review the order of ALJ Henk dated December 5, 2001, is dismissed with prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________
David Cain
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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 ________November 5, 2002_____ to the following parties:
Debbra J. Koester, 2430 S. Corona, Denver, CO 80210
Jack McCracken, Fifth Avenue Limousine Service, 5253 E. 38th Ave., Denver, CO 80207
Kathleen Pennucci, Special Funds, Tower 2, #630, Division of Workers’ Compensation —
Interagency Mail
Robert Klingler, Special Funds, Tower 2, #630, Division of Workers’ Compensation —
Interagency Mail
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