IN RE SCARPITTO, W.C. No. 4-347-027 (7/28/98)


IN THE MATTER OF THE CLAIM OF FRANK SCARPITTO, Claimant, v. NATIONAL DISTRIBUTING COMPANY, Employer, and KEMPER INSURANCE COMPANY, Insurer Respondents.

W.C. No. 4-347-027Industrial Claim Appeals Office.
July 28, 1998

FINAL ORDER

On January 29, 1998, the respondents filed a Petition to Review an order of Administrative Law Judge Atencio (ALJ) dated January 16, 1998. The matter was subsequently transmitted to us for review of the ALJ’s order.

On July 23, 1998, counsel for the respondents’ notified us that the respondents seek to withdraw their Petition to Review the ALJ’s order.

IT IS THEREFORE ORDERED that the respondents’ Petition to Review the ALJ’s order dated January 16, 1998, is dismissed with prejudice.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ Kathy E. Dean
______________________________ Bill Whitacre

NOTICE This Order is final unless an action to modify or vacate thisOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, CO 80203, by filing a petition for review with thecourt, with service of a copy of the petition upon the IndustrialClaim Appeals Office and all other parties, within twenty (20)days after the date this Order is mailed, pursuant to section8-43-301(10) and 307, C.R.S. 1997.

Copies of this decision were mailed July 28, 1998 to the following parties:

Frank J. Scarpitto, 16728 W. 734rd Dr., Arvada, CO 80007

National Distributing Co., 1800 Bassett St., Unit B, Denver, CO 80202-1020

Lumbermen’s Mutual Casualty Co., Attn: Sandra J. O’Brien, P.O. Box 5347, Denver, CO 80217

Mary E. Jeffers, Esq., 1120 Lincoln St., Ste. 1000, Denver, CO 80203 (For the Claimant)

Ted A Krumreich, Esq., 1225 17th St., 28th Flr., Denver, CO 80202-5528 (For the Respondents)

BY: _______________________