W.C. No. 4-358-286Industrial Claim Appeals Office.
August 3, 2000
FINAL ORDER
This matter is before us pursuant to a letter from claimant’s counsel dated July 28, 2000. The letter concerns the claimant’s petition to review an order of Administrative Law Judge Harr (ALJ Harr) dated January 27, 2000. ALJ Harr’s order granted “partial summary judgment” by dismissing a claim for penalties.
The claimant filed a timely petition to review ALJ Harr’s January 27 order. The matter was previously transmitted for our review on April 4, 2000. However, by order of May 8, 2000, we remanded the matter for the establishment of a briefing schedule and processing of the appeal in accordance with section 8-43-301, C.R.S. 1999. ALJ Harr again transmitted the matter to us on July 18, 2000.
Subsequently, we received the letter from claimant’s counsel. The letter states that ALJ Wheelock permitted the claimant to “withdraw” the petition to review by order dated July 17, 2000. Further, counsel states there is no petition to review currently pending before us, and we should not waste our “time deciding an issue which has been abandoned.”
We interpret the July 28 letter as a motion to dismiss the appeal. The motion shall be granted.
IT IS THEREFORE ORDERED that the claimant’s petition to review ALJ Harr’s order of January 27, 2000, is dismissed with prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Robert M. Socolofsky
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 August 3, 2000 to the following parties:
Lorren Weston, 4221 E. Pikes Peak, #34, Colorado Springs, CO 80909
Inventory Auditors, Inc., 9265 Sky Park Ct., #100, San Diego, CA 92123-4312
Laurie A. Schoder, Esq., Colorado Compensation Insurance Authority dba Pinnacol Assurance — Interagency Mail (For Respondents)
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)
Eric J. Pollart, Esq., 600 17th St., #1600N, Denver, CO 80202
BY: A. Pendroy