GABRIEL CHAPEK, Petitioner,
v.
EARTH ENERGY, INC., Employer,
and
IDAHO STATE INSURANCE FUND, Surety, Defendants.
Nos. IC 15000112, 2010-016531
Idaho Workers Compensation
Before the Industrial Commission of the state of Idaho
April 14, 2016
ORDER ON PETITION FOR DECLARATORY RELIEF
R.D.
Maynard, Chairman.
On or
about February 19, 2016, Gabriel Chapek, Petitioner herein,
moved the Commission pursuant to JRP 15 for its order
clarifying Petitioner's rights to the proceeds of a
proposed lump sum settlement. Specifically, Petitioner seeks
guidance from the Commission as to whether a prior decree of
divorce between Petitioner and his ex-wife dividing
"settlement funds" from a work related accident
creates an interest in Petitioner's ex-wife to the
proceeds of a proposed lump sum settlement. From the
Petition, and supporting documents, it appears that
Petitioner's ex-wife, now known as Nakel Archibald
(hereinafter Nakel), was appropriately served with a copy of
the Petition and supporting documents. Nakel has not appeared
or otherwise responded to the Petition as allowed pursuant to
JRP 15(e).
FACTS
At all
times relevant hereto, Petitioner was an employee of Earth
Energy, Inc., which insured its workers compensation risk
with the State Insurance Fund. On or about June 11, 2010,
Petitioner suffered a compensable accident/injury under the
workers' compensation laws of this State. On that date,
Petitioner was involved in a single motor vehicle accident
which resulted in severe injuries to Petitioner.
Petitioner's claim was accepted by employer/surety, and
Petitioner received indemnity and medical benefits.
Petitioner was not pronounced medically stable from his
injuries until on or about October 14, 2014. In the interim,
Nakel filed for and was granted a divorce pursuant to
stipulation for entry of judgment and decree of divorce
approved by Judge Comstock on or about February 24, 2012.
Pursuant to the stipulation of the parties, Judge Comstock
ordered, inter alia:
Each party is awarded 50% of all settlement funds received by
Defendant for the accident in which Defendant suffered in
July of 2010. Paragraph 12 Defendant's Settlement Funds
As of
the date of medical stability it was determined that
Petitioner was entitled to a 60% whole person impairment
rating for the effects of the subject accident.
On or
about December 9, 2015, Petitioner and employer/surety
reached a tentative settlement of the underlying workers'
compensation claim, pursuant to the terms of which Petitioner
would receive the sum of $250,000, new money. This sum
included unpaid and uncontested impairment still owed as of
the date of mediation. The proposed lump sum settlement has
not yet been approved by the Industrial Commission pending a
determination of whether, pursuant to paragraph 12 of the
judgment and...
