UNITED STATES
DEPARTMENT OF LABOR

Spanier v. All Star Gas Corp., 2002-STA-15 (ALJ Aug. 26, 2002)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

Issue Date: 26 August 2002
CASE NO.: 2002-STA-15

In the Matter of:

ICHAEL D. SPANIER
    Complainant

    v.

ALL STAR GAS CORPORATION
    Respondent

   On November 5, 2001, the Office of the Chief Administrative Law Judge received a letter from the Complainant, Michael D. Spanier, appealing the Occupational Safety and Health Administration's denial of his complaint against All Star Gas Corporation, Respondent herein.

   After being appointed trial judge, I issued a Notice of Hearing setting the case down for trial. After several continuances, the case was finally set for trial on August 6, 2002 in Reno, Nevada.

   On or about July 17, 2002, I conducted a conference call between the Complainant and the attorney for the Respondent, Steven G. Emerson, Esquire. At that time I was informed that the parties desired to settle the case. On or about August 8, 2002, I received an executed Release of all Claims and Motion for Dismissal with Prejudice signed by the Complainant herein, Michael D. Spanier. I reviewed the Waiver and Release of all Claims which constitutes the parties' Settlement Agreement, dated July 29, 2002. After reviewing the same, I find that the Agreement is fair, adequate and reasonable. Accordingly, it is hereby ordered as follows:

1. The Waiver and Release of all Claims executed by the parties on July 29, 2002 is approved; and

2. Michael D. Spanier's complaint against the Respondent, All Star Gas Corporation, is dismissed with prejudice.

   IT IS SO ORDERED.

       MICHAEL P. LESNIAK
       Administrative Law Judge