IN THE MATTER OF CLEVELAND v. TARGET COR., W.C. No. 4-779-418 (9/30/2009)

IN THE MATTER OF THE CLAIM OF JOHANNA J. CLEVELAND, Claimant, v. TARGET CORPORATION, Employer, and SELF-INSURED, Insurer, Respondent.

W.C. No. 4-779-418.Industrial Claim Appeals Office.
September 30, 2009.

FINAL ORDER
The respondent sought review of an order of Administrative Law Judge Jones that found it liable for the claimant’s total right knee arthroplasty. This matter is before us pursuant to the respondent’s “Motion to Withdraw Petition to Review.”

The ALJ entered an Order dated April 29, 2009. The respondent filed a timely petition to review. On September 29, 2009, the respondent filed a “Motion to Withdraw Petition to Review” stating that the respondent does not wish to pursue its appeal from the April 29, 2009 order and desires to withdraw the petition to review.

IT IS THEREFORE ORDERED that the respondent’s Motion to Withdraw Petition to Review is granted, and the petition to review the ALJ’s order dated April 29, 2009 is dismissed with prejudice.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________John D. Baird

______________________________ Thomas Schrant

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JOHANNA J CLEVELAND, ARVADA, CO, (Claimant).

TARGET CORPORATION, TUCSON, AZ, (Employer).

SELF INSURED, Attn: ALPHA MANNING, LEXINGTON, KY, (Insurer).

LAW OFFICE OF O’TOOLE SBARBARO, PC, Attn: JOHN A SBARBARO, ESQ., DENVER, CO, (For Claimant).

BLACKMAN LEVINE, L.L.C, Attn: LAWRENCE BLACKMAN, ESQ., DENVER, CO, (For Respondents).

SEDGWICK CMS/TARGET, Attn: TERRI CLINE, LEXINGTON, KY, (Other Party).

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