WILLIAM WATTS, Claimant,
v.
SCHWAN’S FOOD SERVICE, INC., Employer,
and
HARTFORD INSURANCE CO. OF THE MIDWEST, Surety, Defendants.
No. IC 2016-005024
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
September 30, 2019
ORDER ON MOTION FOR RECONSIDERATION
Thomas
P. Baskin, Chairman.
On July
31, 2019, Defendants timely filed their motion for
reconsideration on the decision and order issued on July 16,
2019 in the above captioned matter. Defendants argue that
their due process rights were violated under the recent
holding in Ayala v. Robert J. Meyers Farms, Inc.,
165 Idaho 355, 445 P.3d 164 (2019), issued July 12, 2019.
Specifically, Defendants argue the Commission violated
Defendant’s due process rights by issuing a decision
and order without the benefit of findings of fact,
conclusions of law, and recommendation from the Referee who
actually conducted the hearing. Claimant responds that the
holding in Ayala is concerned with observational
credibility and that there were no concerns of observational
credibility in this case. Defendants did not file a reply.
A
decision of the Commission, in the absence of fraud, shall be
final and conclusive as to all matters adjudicated, provided
that within 20 days from the date of the filing of the
decision, any party may move for reconsideration. Idaho Code
§ 72-718. However, “[i]t is axiomatic that a claimant
must present to the Commission new reasons factually and
legally to support a hearing on her Motion for
Rehearing/Reconsideration rather than rehashing evidence
previously presented.” Curtis v. M.H. King
Co., 142 Idaho 383, 388, 128 P.3d 920 (2005).
On
reconsideration, the Commission will examine the evidence in
the case and determine whether the evidence presented
supports the legal conclusions. The Commission is not
compelled to make findings on the facts of the case during
reconsideration. Davidson v. H.H. Keim Co., Ltd.,
110 Idaho 758, 718 P.2d 1196 (1986). The Commission may
reverse its decision upon a motion for reconsideration, or
rehear the decision in question, based on the arguments
presented, or upon its own motion, provided that it...