IN RE SCOTT, W.C. No. 4-174-021 (05/11/99)


IN THE MATTER OF THE CLAIM OF SHERRIL D. SCOTT, Claimant, v. ATMEL CORPORATION, Employer, and EMPLOYERS INSURANCE OF WAUSAU, Insurer, Respondents.

W.C. No. 4-174-021Industrial Claim Appeals Office.
May 11, 1999.

FINAL ORDER

On August 24, 1998, Administrative Law Judge Stuber (ALJ) entered an order awarding permanent partial disability benefits. Counsel for respondents filed a petition to review, but did not file a brief in support of the petition. Consequently, the ALJ transmitted the matter to us on April 26, 1999.

On May 5, 1999, we received a letter from the office of counsel for respondents. The letter states that the respondents “have withdrawn their appeal on this above captioned case, and ask that this information be placed into the record.” We interpret this letter as a motion to dismiss the appeal, and the motion shall be granted.

IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated August 24, 1998, 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 the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1998.

Copies of this decision were mailed May 11, 1999 to the following parties:

Sherril D. Scott, 605 Rudd, Canon City, CO 81212

Atmel Corporation, 1150 Cheyenne Mountain Blvd., Colorado Springs, CO 80906

Employers Insurance of Wausau, 9457 S. University Blvd., #313, Highlands Ranch, CO 80126

Jon C. Thomas, Esq., 1032 N. Wahsatch, Colorado Springs, CO 80903-2484 (For Claimant)

William M. Sterck, Esq., 679 Grant St., Denver, CO 80203 (For Respondents)

Susan Warren, Medical Services Delivery Section, Division of Workers’ Compensation — Interagency Mail

By: le