ERIN QUINN, Claimant,
v.
DOUG'S FIREPLACE SALES, INC., Employer,
and
IDAHO STATE INSURANCE FUND, Surety, Defendants.
No. IC 2008-037924
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
April 24, 2015
ORDER DENYING RECONSIDERATION
R.D.
Maynard, Chairman
This
matter is before the Commission on Claimant's Motion for
Reconsideration of Findings of Fact, Conclusions of Law and
Order, timely filed January 12, 2015 requesting
reconsideration of the Industrial Commission's Decision
filed December 24, 2014, in the above referenced case.
Defendant timely filed a Response on January 23, 2015.
Claimant filed his Reply on February 4, 2015, three days
after the filing deadline established in JRPP Rule 3(G).
There
is no dispute that Claimant suffered an accident at work on
November 24, 2008, when he fell approximately nine feet and
landed on his back. At hearing, Claimant alleged his
entitlement to additional medical benefits for treatment
following his industrial injury, disability in excess of
impairment benefits, permanent partial impairment benefits,
permanent partial disability benefits, and an award of
attorney fees for Defendant's unreasonable denial of
those benefits. Defendant Doug's Fireplace contended no
responsibility for further benefits, as Claimant was at MMI
and no longer needed treatment.
The
Idaho Industrial Commission's Findings of Fact,
Conclusions of Law, Recommendation and Order and Erratum
filed December 29, 2014 ("Decision") found that
Claimant has proven Defendant's liability for past and
future medical benefits for facet radiofrequency ablation as
recommended by Dr. Hope; Claimant has proven Defendant's
liability for routine follow-up x-rays at 3, 6, and 12 months
post-cervical fusion as recommended by Dr. Blair; Claimant
has not proven Defendant's liability for any other past
or future medical treatment, including lumbar surgery;
Claimant has not proven Defendant's liability for any
past or future psychological treatment benefits; Claimant has
proven he sustained permanent partial impairment of 23% of
the whole person due to his industrial accident; Claimant has...
