W.C. No. 4-400-162Industrial Claim Appeals Office.
January 14, 2002
FINAL ORDER
This matter was remanded to the Industrial Claim Appeals Office pursuant to an order of the court in Shepherd v. Costco Wholesale
(Colo.App. No. 01CA0397, November 1, 2001) (not selected for publication). We dismiss the petition to review with prejudice.
In an order dated September 18, 2000, Administrative Law Judge Stuber (ALJ) imposed penalties against the respondents at the rate of $500 per day from January 24, 2000, to August 21, 2000. On appeal we modified the ALJ’s order by limiting penalties to the period May 9, 2000 to August 21, 2000. The claimant and the respondents separately petitioned for review of our order.
On review of our order, the court denied the respondents’ argument the ALJ erred in imposing a penalty from May 9, 2000 to August 21, 2000. However, with regard to the claimant’s appeal, the court set aside our order which limited the penalty period and remanded the matter for additional findings concerning the respondents’ liability for penalties prior to May 9, 2000. Mandate issued on January 3, 2002.
Prior to our receipt of the record on remand, the claimant’s attorney filed a “Request to Withdraw Petition to Review.” The request states the parties have reached a “full and final settlement” and consequently, “there is no need for further action in this matter.”
IT IS THEREFORE ORDERED that the claimant’s petition to review the ALJ’s order dated September 18, 2000, is dismissed with prejudice and the matter shall not be remanded for additional findings of fact.
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. 1999. 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 January 14, 2002 to the following parties:
Elizabeth Shepherd, 2725 Canossa Dr., Broomfield, CO 80020
Costco Wholesale, 6400 W. 92nd Ave., Westminster, CO 80030
Joe Tracy, Supervisor, Cambridge Integrated Services Group, Inc., P. O. Box 52106, Phoenix, AZ 85072
Roger Fraley, Jr., Esq., 517 E. 16th Ave., Denver, CO 80203 (For Claimant)
Kathleen Mowry North, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)
Laurie Rottersman, Esq., Attorney General’s Office, 1525 Sherman St., 5th Flr, Denver, CO 80203
BY: A. Pendroy