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...