CANDICE COLQUHOUN, Claimant,
v.
ERNEST HEALTH INC., Employer,
and
EMPLOYERS INSURANCE CO. OF WAUSAU, Surety, Defendants.
No. IC 2018-010128
Idaho Workers Compensation
Before The Industrial Commission of The State of Idaho
June 19, 2019
ORDER ON RECONSIDERATION
Thomas
P. Baskin, Chairman.
On
April 1, 2018, Claimant allegedly suffered three work-related
injuries to her left foot. Defendants denied the claim on May
4, 2018, and on August 22, 2018, Claimant filed her Complaint
in this matter pro se. Defendants served
interrogatories and requests for documents on Claimant on
September, 12, 2018, again on November 6, 2018, and again via
email on December 3, 2018. On January 11, 2019, Defendants
filed a motion to compel answers to interrogatories and
requests for production of documents, which was granted by
the Commission on January 29, 2019. On March 25, 2019,
Defendants filed a motion to dismiss without prejudice. The
Commission dismissed the Complaint without prejudice on April
19, 2019.
On May
8, 2019, Claimant filed [1] her Motion for Reconsideration of
the Commission’s April 19, 2019 Order dismissing
Claimant’s Complaint. In support of her motion,
Claimant argues that, in fact, she did respond to
Defendant’s discovery requests in December and does not
know why Defendant’s counsel has not received them.
Claimant asserts she has been seeking legal counsel
throughout this matter. Claimant requests her Complaint be
reinstated and that she be given more time to find legal
counsel to represent her.
On May
29, 2019, Defendants filed their response objecting to
Claimant’s motion. Defendants state they never received
any discovery from Claimant and had not heard anything from
Claimant until they were served with Claimant’s motion
on May 13, 2019. Further, Claimant’s claim is now
barred by the applicable statute of limitations as this was a
denied claim. Defendants object to reinstatement of the
Complaint.
A
decision of the Commission, in the absence of fraud, shall be
final and conclusive as to all matters adjudicated, provided
that within 20 days from the date of the filing of the...
