Bass v. Department of Health & Welfare, 090415 IDWC, IC 2014-034327

Case DateSeptember 04, 2015
CourtIdaho
RICHARD BASS, Claimant,
v.
DEPARTMENT OF HEALTH & WELFARE, Employer,
and
IDAHO STATE INSURANCE FUND, Surety, Petitioners/Defendants.
Nos. IC 2014-034327, 2015-000110
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
September 4, 2015
          ORDER ON PETITION FOR DECLARATORY RULING           R.D. Maynard, Chairman.          The Idaho Industrial Commission ("the Commission") received Defendants' Petition for Declaratory Ruling on July 8, 2015. Defendants contemporaneously filed a Memorandum in Support and the Affidavit of Lorie Vega. Defendants request a ruling on the applicability of Idaho Code § 20-412 to the facts of this case and if it bars any recovery under Title 72 of the Idaho Code. Claimant did not file a response.          JRP 15 specifies under what circumstances it is appropriate for the Commission to entertain a petition for declaratory ruling. The rule provides that such petition may be filed by any person who has an actual controversy "over the construction, validity, or applicability of any workers' compensation statute". The rule further requires that Petitioner have an interest that is directly affected by the statute. The Commission may decline to entertain the petition for good cause, including the Commission's conclusion that the issue is best determined in other proceedings. See JRP 15(f)(4).          The statute discussed in Defendant's petition specifies in relevant part that "[n]o inmate engaged in productive work as authorized by this chapter shall be entitled to worker's compensation benefits or unemployment compensation under chapter 4 or chapter 13, title 72, Idaho Code, whether on behalf of himself or any other person." Idaho Code § 20-412. Defendants cite to Crawford v. Department of Correction, 133 Idaho 633, 991 P.2d 358 (1999) and the Commission's Declaratory Ruling In: re Idaho Correctional Industries and Idaho Code § 20-413A, 2015-DR0001 (January 9, 2015) in support of...

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