W.C. No. 4-603-270.Industrial Claim Appeals Office.
March 2, 2010.
PROCEDURAL ORDER
This matter is before us pursuant to the respondents’ Unopposed Motion To Hold The Matter In Abeyance For An Additional 30 days. We are advised that the parties have reached a full and final settlement, however they are awaiting the final MSA approval and the final order from the Division approving the settlement.
It is requested that we defer entry of our order. Pursuant to section 8-43-301(9), C.R.S. 2009, we may extend the time for consideration of the appeal for up to thirty days where the parties file a “stipulated motion” requesting that consideration of the appeal be deferred pending ongoing settlement negotiations.
Under these circumstances, we conclude it appropriate to afford the parties to and including April 19, 2010 to notify this office whether or not they have reached a settlement and desire to withdraw the appeal in consideration of the settlement. In the event notice is not provided to this office by the close of business on April 19, 2010, our order will be issued as soon as practical.
IT IS THEREFORE ORDERED that the time for entry of an order is deferred to and including April 19, 2010, under the terms and conditions set forth herein.
Page 2
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ John D. Baird
______________________________ Thomas Schrant
Page 3
CHRISTINA M. MARTINEZ, 4855 S BANNOCK, ENGLEWOOD, CO, (Claimant).
WENDY’S INC., Attn: DIANE PACHECO, AURORA, CO, (Employer).
ACE AMERICAN INSURANCE COMPANY, Attn: ANITA FRESQUEZ-MONTOYA, C/O: ESIS/ACE USA, PORTLAND, OR, (Insurer).
BENDINELLI LAW OFFICE, Attn: JERRY SUMNER, ESQ./MARC BENDINELLI, ESQ., DENVER, CO, (For Claimant).
TREECE, ALFREY, MUSAT BOSWORTH, PC, Attn: JAMES B. FAIRBANKS, ESQ., DENVER, CO, (For Respondents).
Page 1