IN THE MATTER OF THE CLAIM OF GUSTAVO VASQUEZ, Claimant, v. GRAND MESA EGGS, INC., Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.

W.C. No. 4-302-183Industrial Claim Appeals Office.
July 24, 1997

FINAL ORDER

This matter is before us pursuant to the respondents’ “Withdrawal of Petition to Review” filed on July 2, 1997. We dismiss the petition to review with prejudice.

On February 7, 1997, Administrative Law Judge Martinez (ALJ) entered an order determining the claimant’s average weekly wage and awarding benefits accordingly. The respondents filed a petition to review contending that the ALJ incorrectly calculated the average weekly wage.

The respondents have now filed the “Withdrawal of Petition to Review” stating that they wish to withdraw the petition. Under these circumstances, the petition must be dismissed with prejudice.

IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated February 7, 1997, is dismissed with prejudice.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ David Cain
______________________________ Dona Halsey

NOTICE
This Order is final unless an action to modify or vacatethe Order is commenced in the Colorado Court of Appeals, 2 East14th Avenue, Denver, Colorado 80203, by filing a petition toreview with the court, with service of a copy of the petitionupon 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. (1996 Cum. Supp.).

Copies of this decision were mailed July 24, 1997 to the following parties:

Gustavo Vasquez, 58525 Road, #203, Grand Junction, CO 81505

Grand Mesa Eggs, Inc., 520 W. Gunnison Ave., Grand Junction, CO 81505-7239

Colorado Compensation Insurance Authority, Attn: Curt Kriksciun, Esq., (Interagency Mail).

Gudrun Rice, Esq., P.O. Box 3207, Grand Junction, CO 81502, (For the Claimant).

By: ________________________________

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