Arledge v. Hoff Companies, Inc., 040819 IDWC, IC 2018-007901

Docket Nº:IC 2018-007901
Case Date:April 08, 2019
Court:Idaho
 
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DOUGLAS R. ARLEDGE, Claimant,
v.
HOFF COMPANIES, INC., Employer,
and
MILFORD CASUALTY INSURANCE COMPANY, Surety, Defendants.
No. IC 2018-007901
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
April 8, 2019
          ORDER DENYING RECONSIDERATION           Thomas P. Baskin, Chairman.          On February 28, 2019, Claimant filed his motion for reconsideration of the Commission’s February 25, 2019 Dismissal. The Commission issued its February 25, 2019 Order Dismissing Complaint because Claimant failed to show good cause for missing the hearing scheduled for February 19, 2019. The Commission gave written notice of the hearing, and both parties participated in a pre-hearing telephone conference.          Claimant argues that he was not aware of the February 19, 2019 hearing, because he never received the Notice of Hearing, due to the Commission’s use of the incorrect zip code, i.e, 83687 instead of 83653. Claimant also argues that the Commission should have extended him the same courtesy it showed to Defendants when it reminded Defendants’ attorney to join a telephonic hearing. Claimant acknowledges attending the last pre-hearing telephone conference, but believed that the next hearing was scheduled for March 14, 2019, when Claimant would be allowed to give a narrative of the facts concerning his case. Claimant contends that he has never missed a scheduled telephone hearing in over a year, and that he faces significant hardships if his request for reconsideration is not granted.          On March 1, 2019, Defendants filed their objection to Claimant’s request for reconsideration. Defendants argue that Claimant received appropriate notice of the scheduled hearing. Defendants argue that at all times Claimant’s mailing address was listed on Industrial Commission pleadings as “P.O. Box 1751, Nampa, Idaho 83653, which includes the Order Dismissing Complaint. Claimant has acknowledged receipt of multiple notices of telephone conferences and other correspondence at that mailing address. Defendants contend that the parties discussed the upcoming February 19, 2019 hearing at the February 11, 2019 pre-hearing telephone conference, yet...

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