Watts v. Schwan’s Food Service, Inc., 093019 IDWC, IC 2016-005024

Case DateSeptember 30, 2019
CourtIdaho
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...

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