Rodriguez v. Amy’s Kitchen, Inc., 102219 IDWC, IC 2017-052634

• Case Date: October 22, 2019
• Court: Idaho

FRANCISCO G. RODRIGUEZ, Claimant, v. AMY’S KITCHEN, INC., Employer, And TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Surety, Defendants. IC 2017-052634 Idaho Workers Compensation Before the Industrial Commission of the State of Idaho October 22, 2019           ORDER GRANTING RECONSIDERATION           Thomas P. Baskin, Chairman.          On October 10, 2019, Claimant timely filed his Motion for Reconsideration regarding the Industrial Commission’s Order on Stipulation and Agreement Release and Lump Sum Settlement, and Order of Approval and Discharge, filed October 2, 2019 (the “Lump Sum”), in the above referenced case. The Defendants, Amy’s Kitchen and Travelers Property Casualty Company of America, filed a Notice of Non-Opposition to Claimant’s Motion for Reconsideration on October 10, 2019.          Under Idaho Code § 72-718, a decision of the commission, in the absence of fraud, shall be final and conclusive as to all matters adjudicated; provided, within twenty (20) days from the date of filing the decision any party may move for reconsideration or rehearing of the decision. . . and in any such events the decision shall be final upon denial of a motion for rehearing or reconsideration of the filing of the decision on rehearing or reconsideration. A motion to reconsider "shall be supported by a brief filed with the motion." J.R.P. 3(f).          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 a reconsideration. Davison v. H.H. Keim Co., Ltd., 110 Idaho 758, 718 P.2d 1196. The Commission may reverse its decision upon a motion for reconsideration or rehearing of the decision in question, based on the arguments presented, or upon...