IN RE REICHERT, W.C. No. 4-515-501 (6/14/02)


IN THE MATTER OF THE CLAIM OF KARL REICHERT, Claimant, v. CAMBE PRECISION FRAMING, INC., Employer, and PINNACOL ASSURANCE, Insurer, Respondents.

W.C. No. 4-515-501Industrial Claim Appeals Office.
June 14, 2002.

FINAL ORDER
Both the claimant and the respondents filed petitions to review an order of Administrative Law Judge Stuber (ALJ) dated January 15, 2002. The matter was transmitted to us for review on May 21, 2002.

On June 12, 2002, we received a letter, by way of facsimile transmission, from counsel for the claimant. The letter requests withdrawal of the petitions to review filed by the claimant and respondents because the case has been settled. The letter attached an order of the ALJ, dated June 12, 2002, approving a settlement and ordering payment be made in accordance therewith.

Although neither the letter nor the ALJ’s order specifically states the settlement was on a full and final basis, we believe such a representation is inherent in counsel’s letter. Because the case has apparently been settled on a full and final basis, the petitions to review are moot and should be dismissed. If our assumption concerning the status of this case is incorrect, either party may, in a timely manner, draw that fact to our attention and the petitions to review may be reinstated.

IT IS THEREFORE ORDERED that the claimant’s and respondents’ petitions to review the ALJ’s order dated January 15, 2002, are 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. 2001. 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 June 14, 2002 to the following parties:

Karl Reichert, 1910 Hampden South, Colorado Springs, CO 80906

Cameron Garner, Cambe Precision Framing, Inc., 3 W. Clover Circle, Colorado Springs, CO 80906-5126

Curt Kriksciun, Esq., Pinnacol Assurance — Interagency Mail (For Respondents)

Kenneth J. Shakeshaft, Esq., 1530 S. Tejon St., Colorado Springs, CO 80906 (For Claimant)

Emily C. Hvizdos, Esq., 111 S. Tejon St., #700, Colorado Springs, CO 80903

BY: A. Hurtado