JUSTIN M. BARTLETT, Claimant,
v.
KNIFE RIVER CORPORATION, Employer, and LIBERTY INSURANCE CORPORATION, Surety,
and
TITANIUM EXCAVATION, L.L.C., Employer, and IDAHO STATE INSURANCE FUND, Surety, Defendants
Nos. IC 2017-026840, IC 2018-021618
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
March 18, 2020
W.
Scott Wigle Bowen & Bailey, LLP
Scott
R. Hall Nelson Hall Parry Tucker, PLLC
ORDER
DENYING MOTION FOR RECONSIDERATION
Thomas
P. Baskin, Chairman.
This
matter is before the Idaho Industrial Commission
(“Commission”) on Defendants Knife River
Corporation (“Knife River”) and Liberty Insurance
Corporation (“Liberty”) Motion for
Reconsideration timely filed November 7, 2019, requesting a
reconsideration of the Commission’s Findings of Fact,
Conclusions of Law, and Order filed in the above-captioned
case on October 18, 2019. Defendants Knife River and Liberty
contemporaneously filed its Brief in Support of Motion for
Reconsideration. Claimant, and Defendants Titanium Excavation
L.L.C. (“Titanium”) and Idaho State Insurance
Fund (“ISIF”) timely filed their responses on
November 21, 2019 and November 25, 2019. Defendants Knife
River and Liberty timely filed its Reply on November 27,
2019.
There
is no dispute that Claimant suffers from a pre-existing back
condition that contributes to the necessary medical treatment
and proposed surgery. At hearing, Claimant alleged the
condition’s permanent acceleration and exacerbation was
industrial related. Defendants Knife River and Liberty argued
Claimant’s need for treatment was/is wholly related to
the pre-existing condition. Whereas Defendants Titanium and
ISIF argued Claimant’s need for treatment was due to
his pre-existing condition and the August 3, 2016 Knife River
accident.
In the
October 18, 2020, Findings of Fact, Conclusions of Law, and
Order, the Commission concluded that the August 3, 2016 Knife
River industrial accident permanently accelerated or
aggravated Claimant’s underlying and pre-existing
condition resulting in Claimant’s need for medical
treatment and proposed surgery.
...
