BONNER GENERAL HOSPITAL, INC., Employer,
and
LIBERTY NORTHWEST INSURANCE CORP., Surety, Defendants/Petitioners.
v.
ROSE R. PINCENTI, Claimant/Respondent.
No. IC 2010-031621
Idaho Workers Compensation
Before the Industrial Commission of the state of Idaho
August 24, 2015
ORDER DECLINING PETITION FOR DECLARATORY
RULING
R.D.
Maynard, Chairman
On July
1, 2015, Defendants (Petitioners herein) filed a request for
a declaratory ruling. Petitioners seek a declaratory ruling
on the validity of Referee Donohue's March 24, 2015 Order
Granting Claimant's Request for a Protective Order
(Order) in this case. Petitioners argue that they previously
scheduled an IME in this matter, but the Referee granted
Claimant's motion for a protective order. Petitioners
argue that the Referee improperly shifted the burden of proof
when granting Claimant the protective order, and based the
ruling on factual errors. Petitioners contend that they have
a strong interest in securing an IME. Petitioners state that
the issue to be decided is whether Petitioners are entitled
to conduct an Independent Medical Exam (IME) under Idaho Code
§ 72-433.
On July
13, 2015, Claimant (Respondent herein) objected to the
request for declaratory ruling. Respondent argues that
Petitioners are attempting to take a second bite out of the
apple to avoid complying with the Commission's August
2014 Order granting Respondent medical care. Respondent also
argues that the March 24, 2015 Protective Order was not the
subject of a motion for reconsideration and became a final
decision pursuant to Idaho Code § 72-718. Respondent
contends that the Referee applied the appropriate burden of
proof, and disputes the alleged factual errors.
JRP 15,
Declaratory Rulings, provides a mechanism by which an
interested party may apply to the Industrial Commission for
rulings "on the construction, validity, or applicability
of any workers' compensation statute, rule, regulation or
order." (See, JRP 15(A)). The petitioner must
demonstrate that an "actual controversy" exists
over the construction, validity, or applicability of the rule
or statute in question. (See, JRP 15(C)). The...
